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

Punishment of the crime

On April 21, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Incheon District Court on April 21, 2009, and on February 4, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Incheon District Court on February 4, 201 and the said judgment became final and conclusive on April 17, 2010, and the said suspended sentence

On August 20, 2013, at the defendant's house No. 4 Dong 101, 23:00, in Gyeyang-gu Incheon Metropolitan City, the defendant attached a fire to the defendant's wife E, who was placed on the ground of a bridge with the plaintiff's son with the knowledge that he would drive his own vehicle, and was in possession of the plaintiff's son.

Therefore, the defendant destroyed a building used by three persons, such as himself and his family, as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Before judgment: References to criminal records and references to criminal records and application of Acts and subordinate statutes to criminal investigation reports (verification of repeated crimes of suspects);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007)

1. Imprisonment with prison labor for a period of one year and six months to twenty-five years;

2. Application of the sentencing criteria;

(a) To prevent type of fire, such as fire-prevention and public structures, etc., within general standards, such as suspender buildings;

(b) Mitigation elements for special-spons: Where the person surrenders himself/herself, is not subject to punishment, or has recovered from considerable damage;

(c) Decision on the recommended area: Special mitigation area; and

(d) Scope of recommendations: Imprisonment for nine months to three years; and

(e) Aggravation of a general person: Where a large number of victims is likely to be caused or a large scale of damage is likely to be caused;

3. In addition to the scope of sentencing decisions and the recommended sentencing guidelines of the Supreme Court sentencing committee.