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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

As the context requires, some of the expressions of the facts charged were amended.

around 03:05 on December 1, 2016, at the 101st place of the multi-household building of the 4th floor located in Gangdong-gu Seoul Metropolitan Government, which is one’s own residence, the Defendant: (a) under the influence of alcohol, sent a fire by using a disposable dog (Evidence No. 1) that was placed inside the house in the front of the ward, and caused the wall to be removed from the wall of the Defendant by setting fire, extinguishing the removal of the wall and the wall amount, etc., and setting the wall of the above inside room.

As a result, the defendant set fire to some multi-household buildings in which 7 households reside.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. To describe a fire site survey report;

1. Images of on-site photographs (49 pages of evidence);

1. Application of the existing Acts and subordinate statutes of seizedRater (No. 1);

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Class 1 (Setting fire to the main building, etc., and setting fire to the public structures, etc.) and the mitigation area [special mitigated persons (person who have recovered considerable damage and whose owner does not want to be punished)], and one year and six months from June to three years from the date of punishment according to the sentencing criteria.

3. One year and six months of imprisonment with prison labor for a decision of sentence, and three years of suspended execution. The instant crime is a heavy crime that causes danger to many people who reside in a multi-household house as indicated in the judgment.

However, there are the following favorable circumstances for the defendant.

(1) A defendant is under the influence of alcohol.