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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Although the defendant told C, who is a male living together, to gamble, he did not listen to his speech, and tried to extinguish by attaching a fire to a vehicle which goes with the passage of living together.
On May 6, 2014, at around 03:00, the Defendant attempted to fire the said vehicle by putting garbage, such as a paper paper, newspaper paper, etc., in front of the said vehicle, into the front line, which was possessed by the victim F of the said vehicle, which was parked in the E underground parking lot located in Busan, the victim F of the said vehicle, which was parked therein, at the Busan, D, and the Defendant attempted to fire the said vehicle by attaching the waste, which was possessed after being placed on the front line and the front window of the said vehicle. However, the Defendant failed to move the said vehicle into the said vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of written estimate or photographic Acts and subordinate statutes;
1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for one year to 15 years;
2. In light of the fact that the Defendant’s failure to apply the sentencing guidelines to the crime of attempted sentencing is partly damaging the victim’s motor vehicle by a very dangerous method of fire prevention, and the Defendant did not receive the victim’s license until now, the nature of the crime cannot be deemed to be light.
However, the crime of this case was committed in an attempted crime, and the means of the crime or the actual damage therefrom was not serious, the defendant is divided in depth through a prison life for a certain period of time, and the defendant has no specific criminal records so far, and the defendant has no other criminal records, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.