2017Gohap65 Dried building and fire prevention

* *

Gangwon* (prosecutions), court * (Public Trial)* (Public Trial)

Attorney Barn* (Korean National Assembly)

June 13, 2017

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 120 hours.

Criminal facts

From February 1, 2017 to December 13, 2017, the Defendant, who is engaged in daily work, was not paid part of the wages despite the commission of mechanical parking lot removal and installation in the construction site under the condition that he was paid 150,000 won per day at the request of * Kim * in Seoul** in Gu** in ** in * in * in * in * in * in * in * in * in * in * in * in * in * in * in * in 150,000 per day. * in * in * in * in 17:00 :01 on February 17, 2017, in 207 at a warehouse located under the above 2nd floor of the above building and put in the work clothes of the Defendant on board, and used the 6th floor, including the above 6th floor in * in 15th floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Written statement*, Kim * Each police statement of A*

1. A report on the occurrence of a fire (fire), internal investigation report (verification of CCTV images at the scene of a crime), internal investigation report (verification of the movement route of a suspect), investigation report (Attachment of CCTV images at the scene of a crime), investigation report (Attachment of screen images at the scene of a crime), investigation report (Attachment of screen images at the scene of a crime), investigation report (Attachment of screen images at the scene of a crime), investigation report (verification of the location of a suspect), investigation report (verification of the location of the suspect), investigation report (verification of the location of the suspect), investigation report (mony of the suspect's moving route and inquiry), investigation report (integrated of the suspect's moving route), investigation report (integrated of the suspect's moving route after the crime), investigation report (Attachment of a fire department* a fire investigation team), investigation report (Attachment of a fire investigation team), investigation report (verification of telephone conversations at the location of the first reporter), investigation report (verification of danger), investigation report (Attachment of a fire investigation report), investigation report * A fire site investigation report);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of CCTV to each CCTV on-site photograph, CCTV photograph, each site photograph, and the result of appraisal by a water station, ** external photograph of a building, DNA sample sampling report, fire site investigation report, fire, accident situation report, such as fire, etc., (A), water and electricity charge ledger (A), water and electricity charge investigation report, fire site investigation report, and CCTV original CD;

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

Article 164(1) of the Criminal Act (Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Social service order;

Article 62-2 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant merely did not neglect the work clothes, and did not intend to commit a fire to the instant structure. Furthermore, the warehouse of this case did not escape from the fire because the wall and the floor were concrete.

2. Determination

A. Determination that the Defendant had intention to commit a fire to the instant structure.

(b) Grounds

○ At around 01: 07, the Defendant, a new wall without work, entered the instant building, and went out of approximately 60,000,000, and there was a fire warning to the extent that the residents of the 6, 7th level were informed of the fact that the residents of the 6, 7th level were forced to smoke, fire warning, and reported to 119. At the time, the Defendant was entering the instant warehouse on the 2nd floor and entered the instant warehouse. As such, the Defendant was a very short time to wear work in the instant warehouse.

○ The wide size of the warehouse of the instant case is limited to 2: (a) there were objects vulnerable to fire, such as plastic chairs, plastic bags, etc. in the warehouse at the time; and (b) there were newspapers on the floor; and (c) there could have been easy recognition that they could be transferred to the entire warehouse if they were put to fire within the warehouse.

The fact that the remaining fire in the working clothes at the time of the warehouse of this case was easily able to be taken by using water or by generating water in the warehouse of this case.

○ It can be said that the warehouse of this case was independent, such as the fire of this case as a whole, the wall and floor of the instant warehouse of this case, there was a stuffed phenomenon on the cement wall, and the ceiling of plastic material was displayed towards the lower melter, etc.

○ The Defendant had sought to find out the instant site again without any special reason following the day following the instant crime, and the investigative agency also stated that working clothes have been found again to verify the spread or dissipation. As a result of the jury verdict (seven jurors)

○ guilty: 5 persons.

1. Scope of applicable sentences by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types 1 (Setting Fire to Main Buildings, Fire Prevention to Public Structures, etc.) (Special Convicts): Cases where actual damage is insignificant.

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and three years of suspended sentence; and

A. Circumstances unfavorable to the defendant

○ The fact that the 15 people live in the new wall is likely to lead to a large amount of human life damage.

○ Denial of intention of fire prevention and non-influence of fire prevention

B. Circumstances favorable to the defendant

○ The warehouse of this case appears to have not high possibility of spreading to the outside because all of the walls are concrete walls. In fact, on the wall of the warehouse where coffees, simplified chairss and other collections are loaded and the damage is insignificant, since it remains on the wall of the warehouse, the damage is insignificant.

○ There is no criminal record for the defendant, and there is no particular criminal record except for the suspended sentence of ten years or more before the suspension of execution and fine.

4. Sentencing opinions (seven jurors).

○ Imprisonment with prison labor for a year and six months, three years of suspended execution: Three persons;

○ Imprisonment with prison labor for a year and six months: two persons;

○ Two years of imprisonment: two persons;

Judges Lee Dong-soo

Judges Lee Jin-ia

Judges Kim Jong-young