A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates a D gas station owned by the victim C, who is the mother of the defendant in Jeonju-si B.

On September 6, 2020, the Defendant: (a) at the above D gas station office around 01:57, on the ground that the Defendant’s wife became another male, opened the entrance in the D gas station, opened a portable gas burner on the string of the door, attached a fire to the paper by using it; (b) moved the paper to the inside wall of the string office and the string on the string, thereby causing damage to the building and the string of the house at the market price of 1.460,000 won.

Accordingly, the defendant destroyed the building owned by the victim by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the result of fire-fighting;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on CCTV photographs;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Two to thirty years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general criteria for fire-fighting crimes: In cases where actual damage is insignificant: [the area of recommendation and the scope of the recommended punishment] mitigated area, one year to two years [the scope of the recommended punishment corrected according to the sentencing guidelines] imprisonment for two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for two years, suspended execution for three years shall impair public safety and peace and shall cause serious damage to life, body, or property of an unspecified number of unspecified persons;

In particular, in the vicinity of the gas station of this case, a large number of houses, automobile maintenance stations, and stores led to a greater degree of damage to human life or damage is difficult to recover.