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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
While under the influence of alcohol, the Defendant had expressed his life to the father C who was his father, but had the victim talked that he would be sent the Defendant to a mental hospital and receive treatment for alcohol addiction, and he had the Defendant and the victim feel in the house located in D when the Defendant live together with the victim.
At around 20:20 on September 13, 2015, the Defendant, at the house of the above Defendant, caused 20-liters, who had been kept in front of the victim’s inner room, to bring gasoline water to the front of the floor of wood and to spread the gasoline to the entire floor area of 132 square meters of the floor area of the earth wall, brick, clothes iron plate, and the 132 square meters of the floor area of the house in front of the victim’s inner room.
Accordingly, the defendant, who is a victim's own residence, destroyed both the victim and the victim's house under the market price.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation report (attached a fire house layout map and a fire site investigation report);
1. Application of Acts and subordinate statutes to report on the results of field identification;
1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. Application of the sentencing criteria [Determination of types] general criteria for fire prevention: Type 1 (Setting Fire Prevention of Present Living Building, etc.) (Determination of the recommended field] basic area [Scope of the recommended area] 2 years to 5 years / suspended sentence] general negative factors (whether suspended sentence is suspended or not] general positive factors that have no effort to recover alcohol addiction or damage: contingent crimes.
3. The crime of this case by which the sentence of sentence is to be pronounced is to listen to the statement that the defendant would send him to a mental hospital to treat alcohol addiction from the father who is his father, and to the house in which the victim was living, and if the fire to the building in which the victim is living, the life and body of the victim.