2018Gohap275 Dried building and fire prevention

A

Man Flazon Line (prosecution), Red Flazon, Mazon (Public trial)

Attorney B (Korean National Assembly)

April 20, 2018

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

Seized disposable dynas (Evidence 3), synasium (Evidence 4), synasium synasium synasium 4) and synasium synasium 5 shall be confiscated.

Criminal facts

The defendant is a person who resides in Gangnam-gu Seoul Metropolitan Government 202 multi-family house owned by the victim D (76 years of age) in Gangnam-gu, and the above house is a place where 19 of total 7 households, such as 2 households from underground floor to 2 floors, and 19 households in the third floor.

Before about 10 years, the Defendant thought that the Defendant would be able to frequently die from December 2017 while working as an employee in the drinking house because he was unable to receive the credit rating of customers because he was unable to pay the credit rating of customers because he was unable to do so.

On March 7, 2018, at around 14:40, the Defendant had a mind to commit suicide by setting fire at one’s own room 202 of the foregoing housing, and laid down bruma stop (Evidence No. 5) on the part of the bed, and let the Defendant spread to the entire scheme, such as household, clothes, floor, windows, and friendship, which had been in a way to stop the stop, by setting off the stop on the bed (Evidence No. 3).

Accordingly, the Defendant destroyed a structure owned by a person who lives in the Republic of Korea to be equivalent to KRW 8,832,50 for repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. On-site inspection reports, reports on the results of H lending, and internal photographs of 202 (after fire);

1. Investigation report (fields, CCTV images, etc.);

1. Statement of seizure by each police (number 2,7);

1. Written estimate and entire certificate of registration;

Application of Statutes

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. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act: Imprisonment with prison labor for not less than one year and six months from June to 15 years;

2. Scope of the recommended sentencing criteria; and

[Determination of Punishment] General Criteria for Fire Prevention. Type 1 (Setting Fire to Present Living Building, etc.)

[Special Convicts] Reductions: In a case where punishment is not imposed or damage is recovered from a considerable part;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of one year and six months to three years

3. The crime of this case was committed by the Defendant in multi-family housing located in a densely-populated district. Considering that the Defendant’s crime of this case was committed by causing serious damage to the life and property of a large number of people due to variable and unpredictable fire risk, the possibility of burning, etc., and that the actual fire has occurred after considerable progress, a strict punishment against the Defendant is inevitable.

However, the fact that the fire of this case does not lead to the actual enormous damage, the victim does not want the punishment against the defendant, and the fact that the defendant has no record of the same criminal punishment, etc. shall be considered as favorable to the defendant, and the conditions of various sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, and motive for committing the crime, shall be comprehensively taken into account,

The presiding judge, the Kim Jong-dong

Judge Political decoration

Judge Lee Sang-hoon