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 December 21, 2017, the Defendant: (a) around 16:30 on December 21, 201, at Suwon-gu, Suwon-si, C Apartment 101-dong 412, the ordinary family members criticize themselves; (b) on the dwelling room, the clothes and paper stuffs were stored in the dwelling room, and the flammables frame, which are inflammable substances, were cut off, and the incombustible agents were cut off with the bitter, and the bits were attached to the dwelling room and the inside room, etc.

Accordingly, the defendant destroyed the building that a person uses as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to investigation reports (to attach data as a result of fire identification in the South Korean National Police Agency);

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination on the assertion by the Defendant and the defense counsel under Article 62-2(1) and proviso of Article 62-2(2) of the Criminal Act on the observation of protection and observation

1. The main point of the assertion is that a building used by a person who is the object of the crime of fire prevention against the present building refers to a building used as a residence by a person other than the defendant. Since the defendant living in the dwelling place of the defendant who makes the fire, only the defendant lives, the act of setting fire in the dwelling place does not constitute the crime of fire prevention against the present building.

2. According to the evidence duly adopted and examined by the court, the fact that the defendant was living alone at the place of residence where the fire was not caused by the crime of this case is recognized.

However, the following circumstances are as follows: ① as part of apartment apartment, many people, other than the defendant, live together in an independent household, and jointly use walls, hallways, stairs, etc.; ② Therefore, if a fire occurs in any place, another household in the finite length.