A defendant shall be punished by imprisonment for one year.

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

Criminal facts

While the Defendant lacks the ability to discern things or make decisions due to the liverment and personality disorder, on September 2012, the Defendant thought that he did not enter his demand, his father, who was mixed with the Defendant’s house No. 101, 701, Songpa-gu Seoul, Songpa-gu, Seoul, on the ground that he did not contain D, the father.

The Defendant saw within the entrance entrance, put one bruma cremation paper on the floor of the living room, which is a wooden material, and divided the Hague frame into the floor of the living room, and attached a fire in advance, and had it spread to the floor of the living room in a spug.

As a result, the Defendant destroyed approximately 0.3 square meters of the floor of the apartment living room, which is a joint ownership of D and E, which is used by 4 family members such as father D, etc. as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (the date and time of crimes against the present main building and fire), and photographs of the house;

1. Application of Acts and subordinate statutes to medical certificates and mental appraisal certificates;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. In a case where the actual damages are insignificant in the application of the sentencing criteria [the scope of recommending punishment] general criteria, the category 1 (Setting fire to Present Living Building, etc.), the area of special mitigation (nine months to three years) (special mitigation) (the person subject to special mitigation), the person with mental disability and the person not subject to punishment

2. Determination of sentence: One year of imprisonment, two years of suspended sentence, and three years of probation are the case that the defendant uses apartment as a residence together with his family, and fire prevention for apartment used as a residence by many people.