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Defendant shall be punished by imprisonment for a term of 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
To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.
around 01:53 on September 9, 2019, the Defendant, while under the influence of alcohol in Gyeyang-gu Incheon Gyeyang-gu B apartment C, was able to say that a live-in victim D would ignore himself and said D would be "the dead person."
Accordingly, the Defendant, who is a person who has been scriptive with electric scriptive with the Defendant, was placed in a few scriptives on the table, and had the Defendant moved to the scriptives of electric scriptives, etc. by attaching a string with a single-use tool on the paper.
The Defendant continued to open the front door and out of the boiler room in the corridor, and attached fire to the broom in the front of the boiler room in the corridor, using a disposable-use mortar, and allowed the broom to be moved to the boiler room. However, upon receiving the victim’s report, the police officers sent out to the boiler room were forced to have the broom broom, etc. carrying the fire on the wind.
Thus, the defendant tried to set fire to and burns a building in which people exist, but did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to report internal investigation and on-site photographs (Evidence Nos. 1, 2);
1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;
1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;
2. The scope of the recommended sentence according to the sentencing guidelines [the sentencing guidelines are not set for the crime of attempted fire-prevention of existing buildings, but the sentencing guidelines for the crime of fire-prevention of existing buildings are examined for reference] [the sentencing guidelines for the crime of fire-prevention of existing buildings] [the type 1] the general criteria [the type 1] the main structure and fire-prevention.