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

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

Punishment of the crime

At around 01:00 on June 11, 2020, the Defendant: (a) kept a new disease due to usual depression, etc. in the Defendant’s residence located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, with a knife a rubber hold connected with the gas pipe for suicide; (b) tried to extinguish the house into the rubber hold cut by setting fire to the rubber hold, but did not go against the wind that is not attached to the rubber hold.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as internal report on the defendant's legal statement and investigation report (the phone call of an employee of the Incheon Urban Gas Corporation) on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, and Articles 44-2 and 2-3 subparagraph 2 of the Medical Treatment and Custody Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for September through July;

2. Scope of recommendations based on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. Determination of sentence: 10 months of imprisonment with prison labor, and 2 years of suspended execution, the crime of this case was committed by the Defendant by cutting the rubber straws connected to gas and setting fire with gas, and the risk of causing serious harm to human life and property damage, and the criminal liability of the Defendant is not easy.

However, the Defendant was living in the instant crime under the influence of mental diseases, such as alcohol dependence, other habits, and impulse disorders, and led to the instant crime. Since the instant case, the Defendant continued to have received mental treatment and failed to repeat the crime, and the investigation may be conducted by reporting it to 112 immediately after the instant crime.