Text
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From November 13, 2018, the Defendant is a tenant who has resided in the D room of the first floor multi-household building (13 households) located in Dongducheon-si B (13 households) from November 13, 2018.
At around November 22, 2018, when the Defendant lacks the ability to make a decision or to discern things due to the on-site illness, etc., on the grounds of mental stress in the above room, the Defendant attached a gaser, who was in possession of the blue cremation site by piling it on the bottom of the grass floor, and made him/her spread to the above room with approximately 16 square meters of the total floor area, such as indoor ceiling, walls, toilets, entrances, etc.
Accordingly, the defendant destroyed the above room with the market value of 8 million won, which is a building used by a person as a residence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of on-site identification reports and on-site photographs statutes;
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. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness and state of mental illness (the crime of this case is deemed to have been committed under the state that the defendant lacks the ability to discern things or make decisions on the ability to discern things due to an injury, etc. in full view of the following: a statement of opinion against the defendant, a copy of medical record, a certificate of disabled person, the circumstance of the crime of this case, the circumstances of the defendant before and after the crime, the defendant's behavior before and after the crime of this case, the treatment of the defendant, the attitude or content
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;
2. Scope of recommendations according to the sentencing criteria;
A. The sentencing guidelines [the range of recommendations] general standards are types 1 (the prevention of fire to the present main building, etc., and the prevention of public structures, etc.). Special mitigation (9-3 years).