A defendant shall be punished by imprisonment for two years.

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

Criminal facts

The defendant is a mother-child relationship with the victim C (V, 70 years of age).

On September 29, 2017, when the defendant lacks the ability to discern things or ability to discern things due to the on-site illness, etc., on the ground that the victim's house located in Nam-gu Incheon Metropolitan City D does not make the money available to the victim, at around September 22:5, 2017, the defendant added fire to the cremation site using theter while drinking alcohol, and then immediately transferred the fire of the cremation site from the house to the clothes, and caused the fire to spread to the whole house such as the small bank, the ward, and the kitchen.

Accordingly, the defendant destroyed all the house owned by the victim, which is used as a residence with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on results of field identification and data on field photographs;

1. Investigation report (investigation into the analysis of CCTV images around the site and the command of reinforcement and investigation);

1. Video data from CCTV for crime prevention around the site;

1. Certificates of diagnosis and certificates of entrance and discharge in the E hospital;

1. Application of Acts and subordinate statutes to the F hospital opinion and written confirmation of admission and discharge;

1. Article 164 of the Criminal Act applicable to the crime, Article 164 (1) of the Criminal Act, and the choice of imprisonment for a limited term;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Application of the sentencing criteria;

(a) Type 1 (Setting fire to main buildings, etc., fire prevention, and setting fire to public structures, etc.);

(b) Where the mental or physical weakness of special sentencing (no one is responsible), the penalty is not imposed, or considerable damage has been recovered;

(c)the recommended territory and the scope of sentence mitigation area, 9 months to 3 years of imprisonment;

(d) 1 year and 6 months to 3 years from the date of revision following the comparison of post and recommendation.

3. Determination of sentence: Imprisonment with prison labor for two years, suspended execution for three years may pose serious danger to public safety and peace, and the life, body, property, etc. of persons who are highly likely to pose serious danger to public safety and peace.