Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant committed the following crimes under the status that the Defendant was unable to discern things or make decisions due to autism, etc.:

On November 16, 2018, at around 14:40 on November 16, 2018, the Defendant: (a) claimed that the Defendant was inside the residence of the Defendant in Gangdong-gu Seoul building and subparagraph (c); (b) claimed that the Defendant used the same and the same, and applied the same to a double-household house used as a residence by 3 households, such as the Defendant’s family members, by setting fire into the paper with a fire on the floor; (c) however, the Defendant failed to commit an attempted fire by 119 fire officers dispatched after receiving a report.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a fire;

1. On-site photographs and fire site surveys;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities, certificates of medical records, and medical certificates;

1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;

1. Article 10(2) and (1) and Article 55(1)3 of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018);

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

1. Reasons for sentencing in light of the following: Article 62-2 of the Criminal Act; Articles 2-3 subparag. 1, 44-2(1), (2), and (3) (the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act and who has committed a crime entailing imprisonment without prison labor or heavier punishment; the defendant’s status and details of the crime in this case; the defendant’s act before and after the crime was committed; the defendant’s behavior before and after the crime was committed; details of the defendant’s treatment; etc., the need for medical treatment and risk of recidivism as a requirement for medical treatment order can be recognized);

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of recommended sentencing criteria according to the sentencing criteria; and