2018Gohap72 Other buildings and attempted fire prevention

Kim-gu (5900000 - 100000)

Illegal Residence

Reference domicile

Omission

Omission

May 30, 2018

A defendant shall be punished by imprisonment for one year.

Criminal facts

On January 29, 2018: around 40, the Defendant, at around 40, set up a screen installed on the entire outer wall of the building in order to remodel the building, destroyed the building by gathering paper and other inflammable objects from the left door of the building owned by the victim's 00, and by attaching the building with a stringter. However, the Defendant did not commit an attempted crime, even if he was dispatched by the police officer after receiving a report on 00-112 by the witness's 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement on witness Kim 00;

1. Statement made by the police against 00 hand;

1. 112 Reporting case management table;

1. On-site photographs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 174 and 166(1) of the Criminal Act

1. Attempted mitigation;

Judgment on the assertion of the defendant and his/her defense counsel under Articles 25(2) and 55(1)3 of the Criminal Act

1. Summary of the defendant and his defense counsel

A. The Defendant, while smoking tobacco, did not put a string to the brick by putting a string of the strings, and did not put a string on the strings.

B. Since the Defendant’s place with fire attached and the outer wall of the building was sealed away from the distance, there was no intention to fire the building to the Defendant, and there was no intention to recognize that the building could be destroyed, i.e., doluence. There was no intention to allow the building, even though the Defendant knew that the building could be destroyed.

2. Results of the jury verdict (seven jurors);

(a) Whether or not the defendant attempts to flee because he/she collected the papers, etc.;

-Recognition: 5 persons;

- Unrecognized: 2 persons

나. 피고인에게 소훼 ( 燒蝦 ) 의 고의가 있었는지 여부

- Atten persons (per day):

C. Conclusion

- "guilty": 7 persons (at a unanimous storage);

1. The legal applicable range of sentencing

From 1 to 15 years of imprisonment;

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

Since it is an attempted crime, the sentencing criteria shall not be applied.

3. Sentencing opinions (seven jurors).

(a) Penalty;

1) One year: Imprisonment with prison labor for six months to one year: two persons (one of the persons shall be punished by imprisonment with prison labor for one year or by a suspended sentence) for two years: three years: two years to two years; one person (3 persons) for two years; two years, or two years and six months: one person.

4. Determination of sentence;

Fire-fighting crimes such as imprisonment for one year are crimes that impair public safety and peace, and are highly likely to cause serious harm to life and property of people.

However, the defendant seems to have committed the crime of this case in contingency, and the crime of this case was committed in an attempted attempt, and the damage resulting therefrom is very minor. The defendant before committing the crime of this case.

There shall be no record of the sentence of a fine or heavier punishment in addition to the sentence of a fine.

In addition, the records and arguments of this case, such as the character and conduct of the defendant, family relations, motive and background of the crime, circumstances after the crime, etc., as well as the various sentencing conditions shown in the arguments, and in this case, the jury's opinion on sentencing is respected and the sentence like the order shall

The presiding judge shall create a judge

Judges Kim Jong-hee

Judge Lee Lee-hoon