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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim C were in the past marital relationship, and even after they have divorced around 2012, they also resided in Gyeonggi City D and 101.
1. On August 24, 2018, the Defendant damaged the property by gathering the victim’s property on the floor, where he/she had a dispute with the victim due to cleaning of the house at the above residence on August 24, 2018.
2. On August 25, 2018, the Defendant in preparation for fire prevention of the present building: (a) around 06:12 on August 25, 2018, the damaged person coming away from the property damage under paragraph (1) in his/her place of residence; (b) brought a white fluort, which is a inflammable substance stored in the benda, into the floor of the living room in his/her place of residence, kitchen, kitchen, entrance, etc.; and (c) 112 by phone on his/her own.
After the report, the police officer was arrested as a current criminal on the police officer who was dispatched to the site upon receiving the report, while attaching a fire to the above place of residence in advance.
Accordingly, the defendant prepared a fire prevention of a building that people use as a residence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to on-site photographs, photographs of destruction of property, and text messages transmitted by the person under consideration;
1. Relevant Article 175 of the Criminal Act, the main sentence of Article 175 of the Criminal Act, Article 164 (1) of the Criminal Act (the preliminary point of setting fire to the present main building), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the Defendant, on the grounds of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Act, has resolved to commit the instant crime on the grounds of minor negligence, and if a fire occurred, the nature of the Defendant’s crime is not easy.
However, the defendant is against the defendant, and the victim is the defendant.