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 May 28, 2018, the Defendant was sentenced to imprisonment with prison labor for four months in the Seoul Central District Court on the crime of embezzlement and was finally sentenced to suspended execution on June 5, 2018.

The Defendant was living in the Seoul Special Metropolitan City, Gwanak-gu Down-gu, where 9 households, such as B(C) are located, and the Defendant argued that the residents of Pyeongtaek B et al. did not live in the Defendant, and that they did not look at the Defendant’s house C.

Accordingly, on May 29, 2018, at around 22:20, the Defendant: (a) sold a stoper purchased and possessed at a neighboring store on the floor; (b) moved the door door of D B heading door of the building to the floor by attaching a fire to the width; and (c) continuously moved the window of D B heading door of the building to the front door of the building; and (d) attached a fire to the front door and the floor of the window by attaching a fire to a newspaper, but all of the buildings were extinguishingd before they were loaded.

Thus, although the defendant tried to destroy a structure used as a residence by setting fire, he did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Seizure records;

1. Each investigation report (verification on the face of a crime, and on the face of a new or multiple purchase);

1. The 112 Report processing table, photograph (Evidence Record 49-58 pages, 72-83 pages, 161-166 pages), and fire site investigation report;

1. Previous convictions in the judgment: The text of the judgment (Seoul Central District Court Decision 2018 High Court Decision 883) and the application of the statute of the case;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.