The case holding that in the case where one of the groups having committed fire-prevention acts was infected by the victim and clad by the fire, all the group members participating in the contest are liable to be injured by existing buildings and fire-prevention.

The case holding that since 30 co-offenders, including the defendant, conspired to prevent a group of fire to the instant building by dividing the instant building into an attack and a pipe possession and defense, and accordingly, the attack group became inside the public service center of the first floor, and the victim of the instant building destroyed the fire by setting fire to the victim within the said building, it can be known that the attack group was put with fire to the victim within the said building, and even if the attack group was committed with the aim of preventing fighting the victim within the building, the act of causing a flame disease, including the crime of fire prevention, could not be seen as part of the series of fire-prevention acts conducted for the purpose of fighting the victim, and therefore, it is difficult to avoid all other fire-prevention acts, including the defendant's initial fire-prevention act, even if the result of the attack group's initial fire-prevention act was not expected to have been caused by the fire-prevention act of the present building, the result of the attack group's fire-prevention act cannot be seen as having been anticipated to have been caused by the existing fire-prevention act of the defendant 157.

Articles 13, 30, and 164 of the Criminal Act (amended by Act No. 5057 of Dec. 29, 1995)

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Prosecutor

Attorney Yang Chang-hoon

Seoul High Court Decision 95No2587 delivered on December 21, 1995

The judgment below is reversed and the case is remanded to Seoul High Court.

1. Summary of the reasoning of the judgment below

According to the reasoning of the judgment below, the court below found the defendant guilty as to the injury caused by fire to the existing structure and fire of the existing structure of the building of this case. However, the crime of causing fire to the existing structure of the building of this case is established at the time when the person was destroyed by setting fire to the existing structure and the victim was injured thereby. At the time of the crime of this case, the victim Kim Jong-soo and Jeon-dong were on duty at the first floor of the Seoul Regional Labor Office (hereinafter the building of this case), and the victim Kim Jong-soo was on night duty at the fourth floor and six other persons were on night duty. The victim Kim Jong-soo was on duty with sound from the first floor of the building of this case, and he was released with the first floor of the building of this case and the front door door, and the victim was not found to have been acquitted by the fire station of this case on the ground that the victim was inside the fire station's name and fire fighting of the first floor of this case, and it was hard to see that the victim was infected with the victim's face of the fire station of this case.

2. Judgment on the grounds of appeal

A. First of all, according to the facts and records established by the court below, 30 co-offenders, including the defendant, committed an attack by dividing the building of this case into a flame bottle and a hack pipe possession defense, and thus, the victim's image is caused by the fire-prevention act of this case, and thus, the victim's fire-prevention act of this case was committed against the victim within the building of this case and the victim of the attack was destroyed by a fire-fighting inside the public service center, and the fire-fighting act of the above building was committed against the victim within the building of this case. Thus, the act of the attack victim committed a flame disease toward the victim within the building of the fire-prevention object, even though it was for the purpose of preventing the victim's fighting act, it shall be deemed as part of a series of fire-prevention acts conducted for the purpose of attacking the victim's fighting act. Accordingly, the victim's fire-prevention act of this case shall not be exempt from all injury to the victim's group, including the defendant, and all of the above group members participating in the attack.

B. As determined by the court below, even if it is difficult to view that the victim's injury was caused by the fire prevention and the destruction of the building of this case, since the act of chroning to the victim had been done according to the intent of a separate wound newly occurred to the person who committed the act during the course of the collective fire prevention act of this case, it includes not only the case where the predicted result was not predicted, but also the case where the result was predicted or intentional. Thus, even if some group members were to kill the building in which the person exists, as in this case, in the process of the collective fire prevention of the building of this case, even if the result was foreseeable, other group members could not be exempt from the responsibility for the existing fire prevention of the building of this case since the result could not be seen as the result of the collective fire prevention of the building of this case in light of the fact that the group members including the defendant et al. had conspireded to commit the fire prevention of the building of this case.

C. Nevertheless, the court below found the Defendant not guilty solely on the ground that the victim’s images cannot be deemed as injury caused by the fire prevention and building destruction in this case. Thus, the court below did not err by misapprehending the legal principles as to the crime of causing fire to the present structure and fire, or by misunderstanding facts as to causation, thereby affecting the conclusion of the judgment, and there is a reason to discuss this point.

3. Therefore, the part of the judgment of the court below as to the injury cannot be reversed, and since the above injury, and the crime of the existing building and fire-prevention, which the court below found guilty, are part of the crime of the injury resulting from a crime of the injury resulting from a crime of the injury resulting from a crime of the existing building and fire-prevention, and a single sentence should be imposed together, the whole judgment of the court below is reversed, and the case is remanded to the court below

Justices Kim Jong-sik (Presiding Justice)