A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 16, 2018, the Defendant, who was residing in the housing located in Daejeon Dong-gu, transferred the ownership of the said housing to the victim C Housing Redevelopment and Improvement Project Association. On April 3, 2019, the said association performed compulsory execution on the said housing and caused the said association to feel wrong.

On April 5, 2019, at around 00:24, the Defendant: (a) stored newspapers, gas pipes, etc. in front of the front door of the B Housing Site owned by the victim; and (b) destroyed the said house in a way that the fire can spread to the said house by attaching it to the proprietor who was in possession.

Accordingly, the defendant destroyed the building owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on the occurrence of fire, police investigation reports (explosion photographs, attachment photographs, CCTV image investigations, E-related documents and written agreements), investigation reports by the prosecution (Attachment to written judgments, etc. against suspects, attachment to a certified copy of a fire house register);

1. Article 166 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances to be considered in the following sentencing grounds):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are favorable to the following reasons):

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment [the range of the recommended punishment changed according to the sentencing guidelines] 1 to 2 years (the lowest limit of the sentenced punishment recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment so that the said minimum limit of the sentenced punishment is inconsistent with the statutory minimum limit of the applicable punishment). In the event that actual damage is minor, the amount of penalty is not paid or the amount of punishment is recovered from a considerable part of the reduced punishment [the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, six months to two years (the scope of the recommended punishment changed according to the applicable sentencing guidelines].

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, and fire prevention;