[Criminal Power] On September 4, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution on September 12, 2014 by the Incheon District Court due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) (a crime, destruction, etc. of property), and is still under suspended execution.

【Criminal Facts】

In a state where the Defendant lacks the ability to distinguish things or make decisions due to mental and behavioral disorder caused by a harmful use of alcohol, the Defendant, on October 17, 2014, called the Defendant’s wife D, etc., who was in possession of the Defendant’s wife D, etc., called “fire in house” to D within a building used as residence and used as a residence, attached a fire to the bar located in the ward.

As a result, the defendant set fire to set fire to a structure used by D et al. as a residence, which is about KRW 1 million for repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A response letter to a request for mental appraisal to the director of the medical treatment and custody center and a reply letter to inquiries on the director;

1. Statement made to D by the police;

1. Investigation report (Attachment of fire scene photographs);

1. On-site photographs;

1. Previous convictions in judgment: Inquiry reports and the application of Acts and subordinate statutes (No. 8) shall be made;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Application of the sentencing criteria [Determination of type] general criteria for fire prevention and reduction of category 1 (Setting fire to Present Living Building, etc.): Where actual damage is minor, where the penalty is not imposed, or where damage is recovered from considerable part (general person): Reduction of a person with mental disability (which is responsible to him/her), and a serious half of the criteria: a large number of victims or a large amount of damage;