A defendant shall be punished by imprisonment for not less than two years and six months.

A person who applies for a medical care and custody shall be punished.

Criminal facts

On June 27, 2012, the former District Court sentenced the Defendant to three years of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the former District Court on June 27, 2012, and completed the execution of the sentence at the military prison on October 9, 2015.

[2] On July 2, 2017, at around 02:50, the Defendant received a guide from the Defendant’s house located in Kim Jong-si, under the influence of alcohol, to repair the Defendant’s house as part of the housing improvement project, and on March 2, 2007, the Defendant attempted to move back the house without the help when the house was turned out to a fire, and attempted to move back thereafter. Furthermore, the Defendant’s house was frightened in the inside of the outside entrance of the Defendant’s house, and attached a rater to the entire building of 66 square meters of the prefabricated-type sandbrid housing, via the wall of the fladg building.

Accordingly, the defendant, who is used as a residence by the defendant and wife D, destroyed all of the houses equivalent to KRW 7,762,00 at the market price of the defendant's possession.

[Judgment of the court below, the court below erred by misapprehending the legal principles on the grounds that the Defendant, while under the influence of alcohol, was hospitalized in several times from around August 2010 to June 20, 2016, and on June 27, 2012, committed a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jeonju District Court on the grounds that the Defendant was sentenced to three years of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and was subject to mitigation of mental and physical weakness due to behavioral disorder caused by alcohol dependence, and thus, it is necessary for the Defendant to receive medical treatment at the facilities for the treatment and custody of a person who committed a present state building or fire corresponding to imprisonment without prison labor or heavier punishment while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs and written confirmation of hospitalization of each fire;

1. Promises;