A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 21, 2014, the Defendant, at around 21:30 on December 21, 2014, 21: (a) in the Defendant’s dwelling room living together with the Defendant’s wife in Yang-gu, Yangyang-gun C (the age of 51) and, without any justifiable reason, destroyed the said house by putting gasoline into the living room’s floor and the table with fire, thereby suffering from the Defendant’s injury of about 5 weeks of both legs, 5% of which need to be treated for about 5 weeks, and 2 degrees of heart.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Some of the statements made to the prosecution by each prosecutor with regard to D;

1. A report on the actual condition survey and the results of on-site investigation of fire accidents;

1. A written diagnosis (A) and each written diagnosis (D);

1. An appraisal report, and a fire appraisal report on a gasoline in both-gu and Yang-gu restaurant;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 164 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Articles 164 (2) and (1) of the Criminal Act that choose a penalty (elective imprisonment with labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant and the defense counsel’s assertion on the protection and observation and the community service order under Article 62-2 of the Criminal Act are denied the charges to the effect that the Defendant does not associate with his/her memory in a drunken state at the time of committing the instant crime.

In full view of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence, the Defendant intentionally destroyed the above house with a fire as stated in the facts constituting the crime in the judgment.

It is reasonable to see that if a fire-prevention crime commits a fire, it is common to avoid a fire immediately out of the site, and that the defendant was locked as in this case, but the defendant was under the influence of alcohol at the time, it seems that he was under the influence of alcohol and was under diving.

① At the time of committing the instant crime, any other person, other than the Defendant and the victim, was in the house of the Defendant or did not intrude.

(2) The first place where a fire occurred is the floor of the living room at the same time, which is inflammable.