A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 5, 2018, the Defendant, at around 11:10 on March 5, 2018, did not look at himself, suffering from dementia in Daegu North-gu, Daegu-gu, his own residence, and did not look at himself, so that he would make a stop on a brupt that is located in the inside and at the lower bank of the inside and lower bank, and attached a fire with a fluence, which was put on the entire floor of the second floor of the floor size of 92.36 square meters of the size of the floor through the wall of the flush.

As a result, when the Defendant was unable to discern things or make decisions due to the “abstinence”, the Defendant destroyed the second floor of the apartment owned by D, which is used by a person as a residence, so that the repair cost is equivalent to KRW 38,921,80,00, by burning all the first floor of the apartment owned by D, the wife of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Seizure records;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 164 (1) of the Criminal Act concerning the crime. Article 164 (Selection of Term Imprisonment with Labor);

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] fire-fighting crimes, general standards, Type 1 (Setting-down Building Fire-Fighting) [Special mitigated Persons], mental and physical weakness (no one is responsible for himself/herself), non-permanent penalty (the area of recommendation and the scope of the recommended punishment], the area of special mitigation, nine months to three years of imprisonment;

3. Determination of sentence: One year of imprisonment and two years of suspended execution are crimes that undermine public safety and peace, and thus, the crime of fire prevention is dangerous crimes that may cause serious damage to the lives and property of a large number of people if the crime of this case is committed. In light of the fact that the first floor of the house is small due to the crime of this case and the property damage is not small, the defendant's liability is heavy.

(b).