2013No47 (a) Ordinary automobile fire prevention

(b) A general automobile fire prevention tank;

1. A.

2.(a) B

3.2. C.

4. (b) D.

Defendants and Prosecutor

Kim Jong-hun (Court of Second Instance) and Kim Yong-ju (Court of Second Instance)

Law Firm AL (private ships for all the defendants)

Attorney in charge AM

Law Firm N. Law Firm N. (S.A. for all the defendants)

Attorney E in charge

Ulsan District Court Decision 2012Gohap437 Decided January 4, 2013

May 9, 2013

All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants

The sentencing of the defendants of the court below (the sentencing of the defendants A, B, three years of imprisonment, one year of imprisonment of the defendants C, one year of suspended execution, two years of suspended execution, and 80 hours of community service) is too unreasonable.

(b) Prosecutors;

The judgment of the court below on the defendant A and B is too unhued and unfair.

2. Determination

Examining the various sentencing conditions of the instant case, considering the fact that the fire-fighting crime of this case is committed by Defendant A, the president of the FF Trade Union H branch, and Defendant B, the head of the GF Trade Union branch, were willing to increase the participation rate of the FF Trade Union and maximize the effects of the strike by preventing the normal operation of other cargo vehicles during the strike, and to prevent fire-fighting cars owned by members and non-members. The fire-fighting crime of this case is committed by putting the fire-fighting fire made by mixing the fire with the starting width and the 5:5, in advance, into a closed-off box and preparing the fire-fighting car to avoid water death, by means of an act of extinguishing the fire-fighting vehicle by the members of the GF branch from November 24, 2012 to October 14, 2017, which is the only fire-fighting vehicle of the 160,000 won members of the GF branch, and thus, by extinguishing the fire-fighting vehicle of the 170,000 won members of the GF branch.

However, in order to compensate the victims for damages in the FF Trade Union, the Defendants are in profoundly against each other; the Government’s compensation amounting to KRW 635,00,00,000,000,000,000 for 80% of the Government’s compensation in order to compensate the victims; the victims filed a written application for a written application for a coal that certain victims would take the Defendants’ wife at the court below; and the remaining victims also filed the written application for a coal that they would take the Defendants’ wife; Defendant A and D have no criminal records exceeding each fine; Defendant A and Defendant A’s spouse are receiving an aviation cancer treatment type; taking into account other favorable circumstances, the degree, age, character and conduct, economic aspects, home environment, etc. The sentence imposed by the court below against the Defendants is deemed appropriate and it is not acknowledged that the sentence imposed by the Defendants is too excessive or unreasonable.

3. Conclusion

Therefore, the appeal by the defendants and the prosecutor is without merit and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Judges of the presiding judge, Gimcheoncheon

Judges Kang Gyeong-hee

Judges Kim Gin-han