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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.
Reasons
Punishment of the crime
The Defendant was living together with D(43 years of age) in Sacheon-si, C Apartment 611, with D(43 years of age), with a view to not entering D’s house, and having a view to advertising the above apartment.
On April 8, 2014, around 00:50, the Defendant: (a) attached each fire to the instant apartment building 611, which was sub-defluent to the floor of the living room; (b) attached each fire to the instant apartment 611, which was sub-defluent to the inner bank; and (c) attached to the small room, which was sub-defluent to the wall and the ceiling.
Accordingly, the defendant set fire to a building used as a residence by setting fire to KRW 10,200,00 for repairing expenses.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, D, and F;
1. A report on the results of field identification;
1. On-site photographs and estimates;
1. Application of the existing Acts and subordinate statutes of one disposable Roter (No. 1) that has been seized;
1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;
2. Application of the sentencing criteria (determination of types), fire-fighting crimes, general standards, type 1 (Setting Fire to Present Living Building, etc.) (Special Convicts): Reduction elements of punishment (Scope of Recommendation) and reduction areas: Imprisonment with prison labor for not less than one year and six months to three years;
3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for two years, and setting fire to a building in which a person is living for three years under the suspension of the execution of the execution of the sentence would undermine public safety and peace and cause serious damage to the lives and property of the large number of people, which is highly dangerous in society. Considering the fact that the crime of this case causes considerable property damage, it is necessary to severely punish the defendant.
However, the defendant is drunk.