A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[criminal power] On April 12, 2018, the Defendant was sentenced to six months of imprisonment for special intimidation by the Seoul Northern District Court, and the execution of the sentence was terminated on July 2, 2018.

【Criminal Facts】

On March 16, 2019, at around 16:50 on March 31, 2019, the Defendant attempted to store the above building with clothes, etc. collected without any specific reason in Seongbuk-gu Seoul BGC C, one’s dwelling place, and destroyed the building with a fire by an unsound method. However, upon receiving a report from a neighbor, the fire officer dispatched after being reported by the neighbor, did not spread to the entire building.

Thus, although the defendant tried to destroy a building used by a person as a residence, he did not achieve his intention but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. A report on investigation;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification of repeated crimes of suspects), judgments, and current status of confinement of individuals;

1. A point of mental retardation: Application of a written opinion, a medical certificate, and a written confirmation of consultation;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted punishment;

1. Scope of punishment by law: Imprisonment with prison labor for a period from nine months to twelve years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

A. While the sentencing criteria did not present a separate handling method for attempted crimes except murdering attempts, it is possible to improve the appropriateness of the sentencing guidelines when referring to the sentencing criteria, referring to this.

B. The sentencing guidelines for the crime of fire-prevention against the current owner's building (the decision of type) [the first type] general criteria, [the head's building] fire-prevention such as the present owner's building, public building, etc., and fire-prevention factors such as the public building (special person): the recommended field where actual damage is insignificant, and the person with mental disability (no person responsible).