2013 high-class 146 high-class building, causing bodily harm, and Punishment of Violences, etc. Act

Bans (Intimidations, Deadly Weapons, etc.)

A

Han-hee (Public prosecution) and the current trial

Attorney B (Korean National Assembly)

March 27, 2014

A defendant shall be punished by imprisonment for not less than two years and six months.

A seized terter (No. 1) and a cans and a coffee (No. 2) shall be confiscated, respectively.

Criminal facts

1. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

At around 21:00 on December 12, 2013, the Defendant entered the 'E main office operated by the victim D (the age of 47)' from the underground floor of the fourth floor of the building located in Hongcheon-gun, Hongcheon-gun, the Defendant, who was living together with the Defendant from around spring in 2011, prepared in advance for the reason that the victim who had been living together with the Defendant would refuse to meet the judgment of the Defendant and would avoid contact, and the victim who had recently been living together with the Defendant, would turn on the body of the Defendant with the son, who was in danger of aquatic disease, and caused the death and injury to the life and body of the victim.

2. Injury resulting from the present building or fire;

피고인은 2013. 12, 18. 21:00경 피해자 D이 주거지로 사용하는 위 'E 주점' 내실에서, 피해자 D이 피고인의 재결합 요구를 거부하고 연락을 피한다는 이유로 미리 준비하여 간 캔커피 통에 든 휘발유를 피해자 D의 머리와 내실에 뿌린 다음 불을 켠 지포 라이터를 내실 바닥에 집어던지는 방법으로 불을 붙여 그 불길이 내실을 거쳐 위 주점 전체로 번지게 함으로써 피해자 F(여, 74세)의 소유인 68.02m² 면적의 위 주점 점포를 수리비 30,943,000원이 들도록 소훼하였다. 그리고 이로 인하여 그 자리에 있던 피해자 D의 양쪽 발목에 내실 바닥의 불길이 번져 약 2주간의 치료를 요하는 양쪽 족부 화상을 입게 함과 동시에 위 주점에서 같은 건물 3층으로 유독가스가 퍼지게 하여 마침 그 건물 3층 주거지에서 잠을 자고 있던 피해자 F이 이를 흡입함으로써 약 1주간의 치료를 요하는 화학가스흡입의 상해를 입게 하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D, F, and G;

1. Reports on internal investigation (on-site photographs and accompanying photographs of damaged parts of the victim);

1. Police seizure records;

1. Each written diagnosis and written estimate;

Application of Statutes

1. Article applicable to criminal facts;

Article 164(2) main sentence of Article 164(2) of the Criminal Act (the main sentence of Article 164(2) and Article 164(1) of the Punishment of Violences, etc. Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the crime of intimidation

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of bodily injury resulting from fire to each present building, the punishment between crimes of bodily injury resulting from fire to each present building, and punishment against D with heavy circumstances)

1. Selection of punishment;

In regard to the crime of causing bodily injury to the present building, a limited sentence shall be chosen.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the penalty heavier than the punishment shall be concurrent crimes with punishment prescribed for the crime of causing a serious structure or fire)

1. Discretionary mitigation;

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

1. Confiscation;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act; 1. Scope of applicable sentences under the law: Imprisonment with prison labor of two years and six months from June to June 22

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

(a) Basic crime: The crime of causing the death or injury to the present building (the determination of types] the crime of causing the death or injury to fire, such as fire to the present building, the present building, etc. / the death or injury resulting from fire, and the first

【Special Exemplarys] Reductions: Minor Bodily Injury

[Determination of Recommendation] Reduction Area [Scope of Recommendation] Imprisonment with prison labor for two years and six months to five years

(b) Concurrent crimes: Violation of the Punishment of Violences, etc. Act;

[Determination of Punishment] Violence Crimes, Intimidation Crimes, Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation)

[Special Sentencings] Reductions: Reductions (including serious efforts for recovery of damage)

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment of four months to one year

(c) Criteria for handling multiple crimes;

[Scope of Recommendation] Imprisonment of two years and six months to five years and six months;

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months; the degree of injury suffered by victims is minor; the defendant agreed that the victim D does not want to be punished; the defendant does not have any previous criminal record; the crime of the present state building and fire-prevention in this case is a serious criminal that may cause damage to the lives and property of many people; the defendant does not make all efforts to extinguish fire after the fire; the defendant leaves the scene using a vehicle owned by the victim D; the defendant does not seem to be a contingent crime in light of the fact that the defendant prepared in advance and used gasoline to commit each of the crimes of this case; the defendant does not seem to have been agreed with the victim F; the defendant's age, character and conduct; circumstances before and after the crime; and the method and method of the crime in this case shall be comprehensively taken into account; and the sentence shall be determined as set forth in the Disposition above.

The presiding judge and the deputy judge;

Judges Lee Jin-hee

Judges Lee Jin-jin