"There's a Ghost Outside the Window" - Chinese National Given Suspended Sentence for Setting Fire in a Goshiwon... Why?

Arson Suspect Arrested on the Spot... Also Damaged Property in Detention Center
Court: "Severe Punishment Needed, Considering Mental Incapacity"

A man in his 20s of Chinese nationality who set fire to a goshiwon claiming to see a ghost outside the window was sentenced to a suspended prison term. This was in consideration of the fact that he was suffering from a mental illness but was in a state of diminished capacity due to not taking his medication on time.

According to the legal community on the 23rd, the Criminal Division 12 of the Seoul Western District Court (Presiding Judge Kwon Seong-su) sentenced A (26), a Chinese graduate student, who was indicted on charges of arson of an inhabited building, to 1 year and 6 months in prison with a 2-year suspension and a fine of 50,000 won on the 14th.

A set fire inside a goshiwon in Mapo-gu, Seoul, around 3 a.m. on September 21 and was arrested on the spot by the police. At the time, A reportedly said, "I see a ghost in the window," and ignited a flammable substance, spray, and it was investigated that there were no casualties caused by the fire.

The court stated the reason for sentencing, saying, "Arson crimes have a high degree of blameworthiness as they can cause great damage to the lives and property of innocent people, and there is a need for strict punishment."

A view of a gosiwon in Seoul. The photo is not directly related to the article content. [Image source=Yonhap News]

In addition, A was also found guilty of violating the Minor Offenses Act for threateningly shouting and following a woman in her 40s whom he did not know in front of a convenience store in Mapo-gu the night before the arson crime.

While detained in the police station, A caused a disturbance by tearing off interior finishing materials and an acrylic panel in the restroom with his hands. As a result, he was also indicted on charges of damaging public property.

However, the court considered as a favorable circumstance that A was suffering from a mental illness and was in a state of diminished capacity due to not taking his medication on time, and thus suspended the execution of the prison sentence.

Article 10, Paragraphs 1 and 2 of the Criminal Act of the Republic of Korea state that "Acts of a person who lacks the ability to distinguish objects or make decisions due to mental or physical disability may be mitigated." Based on this, diminished capacity is included as a mitigating factor in the sentencing guidelines of the Sentencing Commission.

Currently, under the principle of responsibility in criminal law, if the actor is not responsible, the actor is not subject to punishment. Accordingly, in cases of diminished capacity, since the actor cannot make subjective judgments, they are considered not responsible, which is a reason for sentence reduction.

This content was produced with the assistance of AI translation services.