CALDWELL, Idaho - You don't see this very often: a victim and defendant walking out of court arm in arm. But that's exactly what happened in Canyon County Monday.

The two are brothers. One set the other on fire last year, but no one will go to prison over this crime.

A Canyon County judge decided that Marc Sogoian, 27, and his family have suffered enough, and now an emotional case spanning more than a year is finally closed.

"Relief, total relief, they're happy it's over and I’m happy it's over for them because they have been through hell this last year," said Sogoian's attorney D.C. Carr.

The sentencing hearing was marked by emotional family testimony.  Sogoian's mother spoke to the judge on her son's behalf; and the victim, Sogoian's younger brother Myles Ganley, begged a judge to be lenient in the sentencing of his big brother.

In the end, the judge sentenced Sogoian to three years probation, 100 hours of community service, and $1,150 in fines - but no prison time for burning his younger brother.

It was back in February 2007 that Sogoian flicked a lighter while filling up his car at a Nampa gas station.  The fumes ignited and seriously burned his younger brother, Myles Ganley.  He suffered second- and third-degree burns and is still in recovery.

In addition to family testimony, Sogoian also offered his remorse for the decision that changed his family forever.

"Honestly I look back on that day and I don't even recognize that person who chose to do that.  I was such an idiot and it was that idiocy that severely injured my brother.  It was that idiocy that brought great emotional turmoil to my family, my mom, my fiancée, myself, everyone who loves my brother," said Sogoian.

Because this case is so unique - involving the victim and the perpetrator in the same family - the judge ruled if Sogoian follows his parole guideline, the charges of injury to a child will be withdrawn.

If he violates that parole, he could face a penalty of up to 10 years behind bars.