A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 9, 2013, at around 11:45, the Defendant: (a) destroyed the above apartment building’s corridor, glass window, side house entrance, etc., which had been used as a residence by attaching fire to the 8th floor corridor of the above apartment building, on the ground that the Defendant’s wife D, while the Defendant’s wife D, in the divorce suit, was putting in the above apartment corridor while the Defendant’s wife D, with clothes, shoes, and shoes, was at the house of the Defendant’s house; and (b) the Defendant’s wife D, who was in the divorce suit, was in possession of the above apartment building, putting the clothes, shoes, etc. on a disposable-ro, which had been in possession of the above 8th floor and used as a residence, with approximately KRW 2,820,00,00 for repairing the said apartment building.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to field photographs and facsimile copies;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The principal offense of this case is merely an apartment wall and entrance door, etc. due to the fact that the defendant attached a fire to clothes, shoes, etc., and thus, it is an attempted crime since the present main building does not reach the independent state of action.

2. The crime of fire-fighting on the board is a name that is the subject of fire-fighting (see, e.g., Supreme Court Decision 2006Do9164, Mar. 16, 2007). The following circumstances, which can be acknowledged by the evidence adopted and examined by this court, including field photographs, are as follows: ① the defendant sent to the 8th floor, the wall, and the hallway because of the fire-fighting of the hallway, and the passage of the hallway was caused by fire in some of the pages of the hallway; ② the entrance of 810, a house attached to the defendant, in particular, is the paint of the surface.