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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a tenant who lives together with his/her wife by making the second floor of his/her house located in Busan Seo-gu B as his/her residence, and three persons, such as C and his/her family, are residing in the first floor of the above house.
At around 11:00 on May 31, 2019, the Defendant: (a) took care of the wife due to economic difficulties; (b) took care of the wife in the above residence of the Defendant; (c) attached a fire to the inside room using a dog; and (d) destroyed the fire by setting the fire in a way that was laid on the floor of the living room; and (d) laid down the fire to the living room and the entire room.
Accordingly, the defendant set fire to and destroyed a structure used as a residence by C, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation report (the same place as the one from 119 on the spot, attaching a 112 case processing slip), on-site identification report, and investigation report (the verification of a suspect's loss);
1. Application of statutes on field photographs;
1. Article 164 (1) of the relevant Act concerning the facts constituting an offense and Article 164 (1) of the multiple-choice Act;
1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):
1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Reduction elements of types 1 (Setting of types) (Setting of fire prevention structures, etc., and setting fire to public structures, etc.): Reduction areas of punishment or damage equivalent thereto (the area of recommendation and recommendation range) reduction areas, imprisonment with labor for a year and six months through three years;
3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.
Fire fighting is detrimental to public safety and peace.