except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

The Defendant resided in 302, ○○-dong, Seoul, where the victims reside.

On December 28, 2013, when the Defendant lacks the ability to discern things or make decisions due to depressions caused by miscarriage, etc., on December 28, 2013: around 40, the Defendant: around 40, he accumulated bits from his house inside his house, and attached the bits with a bitter, attached it to the entire 302 square meters of the size, which is 29 square meters of the size, via the wall and the ceiling, etc.

Accordingly, the Defendant: (a) destroyed the above loan to the extent of the repair cost of KRW 78,60,00,00,000 as stated in the list of crimes, such as where the 12 generation and the public corridor of the above 12 generation and the above her husband Kim 2, her husband, were on board the 302 leap, which is used as a residence; and (b) caused the victim Park △△△△△△△ (n, 30 years of age) living in the same 303 lele, thereby causing approximately two weeks of the intake damage requiring approximately two-day medical treatment; and (c) suffered from approximately three days of the victim Park △△△△△△△△△ (11 months) suffering from approximately three-month addiction in need of medical treatment.

Accordingly, the defendant was injured by two victims by using people as a residence or by setting fire to a building in which people exist.

Summary of Evidence

1. Defendant's legal statement;

1. The witness, the statutory statement of the witness;

1. Each written statement of the police with respect to Mariju, Lee 00, Kim 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, and Park Mari-do;

1. Application of each criminal place, report (fire), field identification report, photo-record on settlement site, each investigation report (a certified copy of the register, attachment of a pre-tax contract, the current status of the damaged house, the current status of the damage by household), written estimates, and the Acts and subordinate statutes of CDs on damaged photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 164(2) main sentence of Article 164(2) and (1) of the Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Suspension of execution;

Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. The assertion;

Since the defendant voluntarily surrenders to the police by clarifying the status of the defendant, the punishment shall be exempted or mitigated.

2. Determination, the phrase “a self-denunciation” under Article 52(1) of the Criminal Act is established when a criminal voluntarily reports the criminal facts to an investigation agency and voluntarily expresses his/her intent to seek the prosecution. It includes cases where the criminal facts are voluntarily present at an investigation agency after the occurrence of the crime but voluntarily confessions the criminal facts. Even if the criminal suspect voluntarily surrenders, it is merely that the court can voluntarily reduce or exempt the punishment for the self-denunciation, and it does not necessarily require a reduction or exemption (see Supreme Court Decision 2004Do2018, Jun. 11, 2004).

According to the records, since the defendant can be found to have led to the confession of criminal facts against the police officer dispatched to the scene of the fire after the crime of this case, the defendant voluntarily surrenders to the crime of this case. However, the number of self-denunciation constitutes a reason for voluntary reduction and exemption, the statutory punishment of the crime of this case is five years of imprisonment with prison labor, the fact that the defendant voluntarily surrenders, the fact that the defendant voluntarily surrenders to the victim, and most of the victims agreed with the police officer, and the voluntary reduction and exemption should not be separately made.

1. The grounds for sentencing;

[Determination of the type] mitigation elements of fire-prevention such as main building, etc./Death or Injury caused by fire such as main building, etc. (special sponsor), such as main building, etc. (Minor sponsor, self-denunciation, and not subject to punishment)

【Determination of the recommended territory】 Special mitigation ( Imprisonment of one year to three years)

2. The case where a sentence of sentence is rendered is the case where the defendant destroyed the inside of his or her residence and damaged the victims living in the same loan together with property damage. Considering that the defendant's crime committed is a serious criminal causing damage to a large number of body and property, it is inevitable to punish the defendant corresponding thereto.

However, there is no criminal record against the defendant, the confession of the crime, the defendant was committed in a state that the defendant was physically and mentally weak due to depression, and the defendant made efforts to prevent damage, such as inducing residents to evacuate after the crime, and then voluntarily surrenders to the police, and the degree of injury is relatively minor, most victims do not want the punishment of the defendant under the agreement with the defendant, and other circumstances before and after the crime shall be determined as ordered by the order, taking into account the following factors: the defendant's age, character and behavior, family environment, family relationship, and circumstances before and after the crime.

Jurors verdict and Sentencing Opinion

○ Doo's verdict on guilt or innocence

- All nine jurors guilty

○ Whether the defendant is mentally ill-incompetent

- Seven jurors: accreditation

○ Whether the defendant's self-denunciation is recognized

- All nine jurors: accreditation

○ Opinions on sentencing

- Imprisonment for a year and six months, three years of suspension of execution; three persons;

- One year and six months of imprisonment, two years of suspended execution; one person;

- Imprisonment of one year and three months, two years of suspended execution: four persons;

- One year of imprisonment, two years of suspended execution; one person;

Judges Lee In-bok

Judges fixed-age