2012 Gohap23 Existing Buildings and Fire Prevention, Existing Buildings and Fire Prevention, Bodily Injury

Gangwon 00

Kim Sang-sik (Court Prosecution) and Park Jong-young (Court Decision)

Attorney Kim Yong-con (Korean National Assembly Line)

May 4, 2012

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

1. On January 8, 2012: (a) around 00, the Defendant found the victim on the first floor of the Daejeon Seosung-gu building located in Daejeon Seosung-gu, 00, and found the victim at the time of the victim’s head at around 00, i.e., “whether the victim had sent his/her photograph to the near room at the time when he/she was found to drink his/her usual drinking,” and (b) he/she took the face of the victim’s 00 (38 years old) who is an employee at the time of the victim’s drinking, and she took the victim’s head at one time by making the victim’s hair away from the floor, thereby getting about 21 days off.

2. The Defendant, on the part of the “00 skin bank”, thought that the Defendant was a person who spawn the Defendant satis in the skin room at the time, and that he disseminated the Defendant’s photograph at the time room located in the Daejeon Escopic Zone. The Defendant satisfed the Defendant’s photograph on the building “00 00 skin bank owned by the victim.”

On January 9, 2012: (a) the Defendant, at around 15, 2012: (b) carried two portable butane gas in a 00 scambling room; (c) sought to 00 employees in a scambling room, namely, “shacks. . f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.,

3. On January 9, 2012, at around 03:00, the Defendant: (a) excavated a 00 scam room in order to prevent a fire on the building; (b) destroyed a 00 scam room in order to remove the glass door of the scambied bank; and (c) opened the scam into the scam soften; and (d) laid down a scam on the scam of the scam in a single scam, with a fire attached to the scam on the scam of the scam soften; and (b) destroyed the scam of the 00 scam room in which the victim, etc. who was diving on the 4th floor of the scambied.

Summary of Evidence

【Criminal Facts of Paragraph 1】

1. Defendant's legal statement;

1. Statement of statement made by the police about 00;

1. A written diagnosis of injury to 00

1. Photographs of the injured part of the victim;

【Criminal Facts of Paragraph 2】

1. The head of the judgment holding the butane gas as soon as the Defendant rendered in the first trial record;

Statement to the effect that there is a fact of finding the action

1. Statement made by the police against 00;

1. Photographs of criminal tools;

【Criminal Facts of Paragraph 3】

1. Defendant's legal statement;

1. The statement made by the police of each police branch on the limit of 00, 00;

1. Investigation report (the current state of fire-prevention scenes and on-site photographs);

1. A detailed statement of damaged goods and a written estimate of damaged building;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

(a) Inflicting: Article 257 (1) of the Criminal Act (Selection of Imprisonment);

(b) Existing buildings and attempted prevention of fire: Articles 174 and 164 (1) of the Criminal Act.

(c) Occupation of existing buildings and fire prevention: Article 164 (1) of the Criminal Act.

1. Mitigation of self-denunciation;

Articles 52(1) and 55(1)3 of the Criminal Act (as to the crime of Setting fire to existing buildings)

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (as to the crime of attempted fire-prevention of existing buildings)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50]

Reasons for sentencing

In the instant crime, the Defendant’s act of fire prevention in a place where the main studio is concentrated on the part of the scambling is highly dangerous as a serious crime undermining public safety and peace, and in particular, as in the instant case, it may lead to huge human damage and property damage in the event the fire is not extinguishing early, the Defendant failed to repay the damage caused by the instant crime, and the victim sent 00 is punished, if it is considered that the Defendant intended to punish the Defendant.

However, the defendant reflects his mistake in depth, and the defendant reported to the police immediately after the fire prevention of this case so that a fire can extinguish early, thereby causing human life damage, the defendant voluntarily surrenders to the police officer dispatched to the site of this case, and the defendant has no criminal record other than fines, and the defendant has no criminal record other than the defendant's age, character and conduct, family relationship, and circumstances after the crime, etc., the same sentence as the order shall be determined in consideration of all the sentencing conditions specified in the arguments of this case.

Judges Ahn Byung-chul

Judges Hong Jin-young

Judges Kim Byung-hun