A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant suffered from mental illness called a mental disorder such as the constant operation disorder, and at the following time, the actual verification ability has been deteriorated due to the occurrence of a physical disorder, such as the state of loss and exchange, and the ability to discern things or make decisions was weak.

On October 21, 2016, the Defendant: (a) around 06:10 on October 21, 2016, around a 06:3rd floor, the third floor of 1st and the third floor of 3rd floor of 494.16 square meters in a steel structure, a residential house where E is located, and the 1st floor and the 1st floor of 3rd floor of 494.16 square meters in total floor area, on a 494.16 square meters in a “D” restaurant and “F” restaurant, respectively, by attaching a fire to the stringer.

Accordingly, the Defendant destroyed part of the first floor among the buildings equivalent to approximately KRW 400 million in the market price of the victim G owned by five persons, such as E and family members, which are used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Each police statement made to H, I, J, and G;

1. Each written statement K, L and M;

1. A protocol of seizure and a list of seizure;

1. Reports on the results of fire-fighting and comprehensive reports on the occurrence of a fire;

1. Mental health certificate;

1. A statement of confirmation of hospitalization and a statement of opinion;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Articles 2-3 subparag. 1, 44-2 subparag. 1, and 44-2(2) of the Act on the Promotion, Medical Care, Custody, Etc. of Medical Treatment Orders and Protection (record the record reveals that the Defendant is a disabled person with mental or physical disability whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act who has committed an offense entailing imprisonment without prison labor or heavier punishment, and needs to receive medical treatment.