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A defendant shall be punished by imprisonment for not more than ten months.
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
The defendant found him who did not know his money and raised his complaint against B and his children, together with his children, in his residence.
On October 2, 2019, at around 08:30 on October 2, 2019, the Defendant phoneed to the Defendant, who was located in Mapo-gu Seoul Metropolitan City, for multi-household D, and called “I feass. feass. feass. fass. fass. fass. fass. fass. fass. fass. fass. fass. fass. f. f. f. f. f. f. 8)
Thus, the defendant tried to extinguish the residence in which people exist, but did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on report of internal history;
1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for September through July;
2. Scope of recommending sentencing criteria: The fact that the sentencing criteria do not apply to an attempted crime;
3. The crime of this case in which the defendant was tried to set fire to a multi-household house in which the nine households reside, and thus, there was a risk of substantial loss of human life and property damage, and the nature of the crime is not somewhat weak.
On the other hand, the fact that the defendant recognized the crime of this case and violated his mistake, seems to have reached a contingent crime after the dispute with the wife, there was only several records of punishment for violent crimes before around 2004, there was no record of punishment for the same kind of crime, and the fact that the crime was committed in the attempted crime, and the actual damage seems to be very insignificant.