A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is a tenant who resides in 101 of the first floor of multi-household housing owned by the victim D in Bupyeong-gu, Seoul Special Metropolitan City.

On April 18, 2014, around 21:15, the Defendant: (a) sought a dispute with the victim due to the smuggling rent and public charges; and (b) made the victim move to the wall, etc. of the non-fluor, household, wall, etc. by attaching the fire to the fluor on the fluor, which was above 101 on April 18, 2014.

Accordingly, the Defendant, in addition to the victim D and his family members, destroyed the first floor of the victim's multi-household housing used by 8 households as a residence, with the inside of 8,677,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Report on the result of fire-proof;

1. Fire site photographs;

1. Application of the statutes governing certified copies of estimates;

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 defendant and his defense counsel asserts that the defendant's assertion of the defendant and his defense counsel in relation to discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the following circumstances of sentencing) are in a state of mental disorder or mental disability under the influence of alcohol at the time of the instant crime.

According to the records, even though the defendant was aware of drinking to a certain extent at the time of committing the instant crime, in light of the background, method, content, and the defendant's behavior before and after the instant crime, etc. acknowledged by the evidence duly examined by this court, it cannot be seen that the defendant was under the influence of alcohol and did not have or weak ability to discern things at the time of committing the instant crime, and thus, the above assertion by the defendant and the defense counsel cannot be accepted.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general criteria for fire prevention.