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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the lessee of the first floor of the house owned by the victim D in Jung-gu Seoul Metropolitan Government, and four lessees including the victim and the defendant use the house as the residence.
On March 29, 2015, around 03:15, the Defendant was unable to sleep with 102 depressions from the Defendant’s house on the 1st floor of the instant housing, and was able to commit suicide by drinking his own life with a view to committing suicide, and by using a strings in the inside and outside of the kitchen, and being gas in the kitchen, and was put into a garbage bag on the inner floor, and was put into a garbage bag that was located on the inner floor, with a fire on the kitchen.
Accordingly, the Defendant destroyed the above housing used by the victim and other lessees as a residence, which is about 2m2 square meters of the residential area residing by the Defendant, to be considered as the repair cost on the market price.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Report on the results of field inspections, application of each investigation report (report on the diagnosis of a suspect, report on the estimation of damage, report on the confirmation of lessee, and report on the confirmation of lessee);
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. 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 consideration shall be made again for the reason of sentencing);
1. Opinions on jury verdict and sentencing under Article 62-2 of the Criminal Act on probation;
1. Written verdict on guilty charges - Opinions of guilt: Five persons (the detention of jurors);
2. Opinions on sentencing - Five years of the stay of execution in one year and six months of imprisonment: one person - two years of the stay of execution in one year and six months of imprisonment - two years of the stay of execution in one year and six months: The reason for sentencing two persons (three persons of the opinion that needs probation).
1. The scope of recommendation and sentence according to the sentencing guidelines (decision of types), the general criteria, types 1 (Setting Fire to Present Living Building, etc.), the area of mitigation of punishment [the scope of punishment and sentence], the area of mitigation of punishment (the scope of punishment and sentence, and one year and six months to three years;
2. The decision of sentence shall be the same as this case.