2015Gohap463 Dried building and fire prevention

A

Kim Jong-chul (prosecution), Han-sik (Trial)

Attorney B (Korean National Assembly)

October 16, 2015

A defendant shall be punished by imprisonment for four years.

Punishment of the crime

From December 2014, the Defendant: (a) neglected the victim D (n, 50 years of age) who is a neighboring resident of the city of Busan, from around 2014 to around 30 years of age; and (b) asked the victim to actively die, such as “I want to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, send correspondence, and send a part of a pen, etc., but the victim was not interested in the Defendant; (c) rather, the victim refused to “I would like to see, I would like to see

On July 31, 2015, at around 16:40 on July 31, 2015, the defendant found the door in the victim's house while under the influence of alcohol, changed the door by opening the door, and found the defendant's house by leaving the victim's home with no longer bullying, and the victim's continuous harassment led to finding the defendant's home by leaving his her son E., and the defendant stated that "I will not leave only once or bullying, and I will report more bullying only once."

On August 1, 2015, at around 02:45, the Defendant received approximately 500 meters of plastic bags, etc. prepared in advance at the victim's house located in Busan YY-gu, Busan, and attached clothes stockpiled by the victim's window crepane and fluor, etc., but the Defendant did not turn off to the fluor, but did not turn out to the fluor inside the brue. The Defendant, at his own house, put the clothes accumulated by the victim into the fluor of the window with a fluor and a newspaper by attaching a fire to the fluor of the window, etc., and moved the fluor of the newspaper into a fluor of the house, such as shock, television, etc., and put the fluor of the house into a house building, such as a wall and a fluor of the wall in the house. Accordingly, the Defendant destroyed both the market price of 15 million won and 60 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. Each police statement of E and F;

1. Investigation report to the prosecution (suspect's quantity of oil spraying and hearing of suspect's telephone call or statement);

1. A police investigation report (including an on-site photograph, such as a criminal implement);

1. Application of Acts and subordinate statutes to reports on occurrence (fire), investigative intelligence reports, on-site inspection reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 164(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Reasons for sentencing: Imprisonment with prison labor for up to 30 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] General Criteria for Fire-Fighting Crime: Types 1 (Setting fire to Present Living Building, Fire-Fighting to Public Structures, etc.)

[Special Sentencing] If the victim has caused serious injury to the victim (aggravated factor)

[Recommendation Scope of Punishment] Four to Seven years (Aggravated Zone)

3. Determination of sentence: Four years of imprisonment; and

The fact that the defendant led to the crime of this case and was able to repent of his mistake in depth, and that there is no other criminal power except criminal punishment imposed once by a fine due to the violation of the Establishment of Homeland Reserve Forces Act in 1986.

However, the crime of this case was committed by spreading the glass prepared in advance to the building in which the victim had been present, and setting it as a dog, but it was destroyed by putting the clothes accumulated by the victim and putting them in the re-examination site by putting it out to a fluor, but the nature of the crime was very poor in light of the method and contents of the crime. The crime of this case caused serious damage to the victim, such as the loss of most property of the victim due to the crime of this case, etc., the agreement with the victim or the recovery of damage was not properly achieved, and it appears that the victim seems to have want to be punished against the defendant, and other various sentencing conditions specified in the arguments of this case, such as age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the text.

Judges of the presiding judge;

Judges Lee Jae-in

Judges Dok-hee