A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 25, 2016, the Defendant entered the back door of the victim's house located in D on December 25, 2016, when he had a good appraisal to the victim C (n, 75 years of age), who is a neighboring party, and had him 72 square meters of the total floor area of the house with 80 square meters of the non-breadth brick gate 2nd floor of the house located on the house.

Accordingly, the Defendant destroyed one house equivalent to the market price of 4,202,000 won used by the injured person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a fire site inspection report and report on fire-proof accidents (Attachment to photographs of the damaged scene);

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances in which the sentencing is favorable to one another) of the mitigated amount;

1. As to the defense counsel’s assertion under Article 62(1) of the Act on the Suspension of Execution (see, e.g., circumstances favorable to the sentencing), the defense counsel at the time of the instant crime was found to have a mental and physical weak condition due to the dementia, skinson’s disease where the Defendant was suffering from usual

“Having asserted”.

According to the evidence duly adopted and examined by this court, it is difficult to view that the Defendant was suffering from Maul and Maulson disease at the time of the instant crime, but thereby, it is difficult to view that the Defendant had weak ability to discern things or make decisions.

We cannot accept the above assertion.

Reasons for sentencing

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of sentence according to the sentencing guidelines [the scope of the recommended sentence] general criteria for the range of sentence [the scope of the recommended sentence] where the mitigation area (one year to six years from June), the mitigation area (one year to three years from the present building, etc.] [the person who is specially mitigated] the penalty is not imposed or considerable damage is recovered [the suspension of execution] - The main reasons for the suspension of execution are positive? Where the penalty is not imposed or considerable damage is recovered, the reasons for general consideration (affirmative): social welfare.