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

To order the accused to be put on probation for two years and to receive medical treatment for a period of probation.

From November 2016, the Defendant owned D from Seoul Gwanak-gu, Seoul Special Metropolitan City, and resided in 102 on the 1st floor of a three-story detached house used by six households as a residence, and around May 1, 2018, E, a community ship, had been living together with the above 102.

On May 9, 2018, at around 04:25, the Defendant had 102 at the inner room of the above 102, with the influence of alcohol-related islands (e.g., progress appearing when a person who had been under the influence of alcohol was stopped or reduced his own drinking, and island condition) and had the ability or decision-making ability to discern things, and the Defendant had her her her her her her her her her her her her her her her her her her own her own her own her own her own her own her own her

Accordingly, the Defendant brought two friendlys in front of the entrance door of a living room to the inner gate, set up on the floor of the room, put them into the front west by attaching a fire with a fluor, and moved them to the friendly mountain, and even though the above E was found in governance and attempted to detect it and extinguish water, it was impossible for the Defendant to lock up the inner door and enter the said E. Accordingly, the Defendant laid out the outer wall, the outer wall of the building, the second and third floor stairs, and the wall of the building, the inner gate, the wall of the building, the interior 102 inside gate and the living room, etc. were loaded, and caused the residents of the said building to fire approximately KRW 20,000,000 for repairing the existing D structure.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. The police statement concerning F;

1. G. H. I. Each police statement against J

1. Investigation report (in relation to the emergency medical examination and treatment of a suspect and the submission of his/her opinion, attaching a document of diagnosis of a suspect, attaching a copy of statement and medical record of a victim, etc., statement of the victim and amount of damage, relation to actions of a suspect after a fire has occurred, and append

1. A letter of check on the emergency room of the suspect, a certificate of diagnosis of the suspect, a report on the results of fire-fighting, a report on the results of field identification (2th), and on-site photographs;

1. A certified real estate register;

Application of Statutes

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

Article 164(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Mitigation of mental disorders;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation and medical treatment order;

1. Reasons for sentencing of Article 62-2 of the Criminal Act, Articles 2-3 and 44-2 of the Medical Treatment and Custody Act (the defendant has been hospitalized and treated for outpatients upon the diagnosis of the network for the development of alcohol, and shows symptoms, such as regradation and the network, so it is necessary to receive outpatients as a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act. In light of the purpose and details of the instant crime, etc., the risk of recidivism as a requirement for a medical treatment order exists).

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types] Fire Prevention of Types 1 (Setting fire to residential buildings, etc., fire prevention of public buildings, etc.)

【Special Mitigation Doctrine (D Doctrine)

[Scope of Recommendation] Reduction Area: Imprisonment of 1 year and 6 months to 3 years;

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution are the cases where the defendant destroyed the detached house for multi-households with many people to repair cost to cover approximately 20 million won, which led to the large fire fighting, and thus, the crime is likely to lead to the large scale of the crime, and the owner of the damaged house is punished by the defendant, the defendant is found to be erroneous and against his/her mistake, the fact that the crime was committed in the state of mental and physical disability caused by the alcohol-related island network, the damage of human life was not occurred, the damage of human life was deemed to have been partially recovered, the fact that there was no record of punishment for the same crime, and the fact that there was no record of punishment for the same crime, and the defendant's age, character, environment, family relationship, health status, motive of the crime, the circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

Judge Lee Sang-hoon

Judges Park Il-young