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

Punishment of the crime

[Criminal Power] The Defendant was released on February 29, 2012 on April 10, 2009 on the paroled on February 29, 2012 in the Chuncheon Prison by having been sentenced to three years and six months of imprisonment for robbery and injury at the Seoul Eastern District Court.

9.4. The parole period has expired.

【Criminal Facts】

피고인은 편집성 정신분열병 등으로 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2013. 8. 15. 07:20경 성남시 수정구 C에 있는 피해자 D 소유로서 피고인이 혼자 거주하는 원룸 102호에서 자신의 처지를 비관하면서 죽고 싶다는 충동을 느끼고 가스렌지 위에 옷과 베갯잎 등을 올려놓고 불을 붙여 위 원룸을 소훼하려 하였으나 불길이 강해지는 것을 보자 겁을 먹고 욕실에 있던 물을 이용하여 이를 진화하였다.

Accordingly, the defendant tried to fire a structure owned by another person and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of on-site photographs and photographs of fire prevention incidents;

1. Copy of resident registration;

1. Medical opinions, records of outpatient treatment, and medical certificates;

1. Previous records: Application of Acts and subordinate statutes on criminal records, references to criminal records, and the number and confinement status of each individual;

1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. The sentencing standard is not applicable to an attempted crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

The crime of this case was committed by the Defendant by setting fire to the above studio by means of attaching fire to gas bags, clothes, etc. at his studio. The crime of this case could have caused serious damage to the lives, bodies, and property of the brush neighbors while carrying the house in a brush length, and the Defendant, who was sentenced to imprisonment for a period of three years and six months with prison labor, was released on parole, and the period of repeated crime is more than one year more than one year after the Defendant was released on parole.