2018 Highest 153 Ordinary Automobile Fire Prevention

A

The Kim Jin-Jin (Court of Prosecution) and the New Young-Jin (Court of Justice)

Attorney B (Korean National Assembly)

March 30, 2018

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 became final and conclusive.

To order the accused to be put on probation and to take lectures for alcohol treatment for 40 hours.

Criminal facts

At around 02:00 on January 22, 2018, the Defendant, even though 'DD entertainment tavern' located in Dongjak-gu Seoul Metropolitan Government, as a different drinking time outside of 'DD entertainment drinking club', had the said main drinking employee engaged in a dispute by preventing the said employee from getting a female fright, and eventually, the Defendant was married with the said employee.

At around 04:00 on the same day, the defendant thought that he had a dispute with the main employee in the above "DD entertainment tavern" while driving ahead of the Dongjak-gu Seoul Metropolitan Government E, and did not participate in the rhetoration, and attached it to a horse with a stringer possessed by the defendant at the edge of the street, and used it to move it to the latter with the latter wheels of the Glelight LPG car owned by the victim F.

As a result, the Defendant destroyed part of the automobile to ensure that approximately KRW 1,490,00 of the repair cost for the exchange of fire by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A police investigation report, a written estimate of damage, and a statement of damage attached thereto;

1. On-site investigation (on-site investigation, the verification of CCTV of I real estate), and photographs or photographs of images attached thereto by each police;

1. Application of statutes on motor vehicle registration certificates;

1. Article applicable to criminal facts;

Article 166(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Article 55 (1) 3 of the Criminal Act); 1. Suspension of execution

Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Orders for probation and education;

Article 62-2(1) of the Criminal Act, Article 59(1) of the Act on Probation, etc.

1. Reasons for sentencing: Imprisonment with prison labor for a period of up to 15 years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types] General Criteria for Fire Prevention, Type 2 (Setting Fire to Other Buildings, etc.)

[Special Mitigation] Ad hoc Inspector

[Recommendation Area and Scope of Recommendations] Reduction Area, one year to two years of imprisonment

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

Although the Defendant committed the instant crime that sets fire to the victim’s automobile by setting fire twice the same criminal power due to fire, and setting fire to the victim’s automobile, such crime may be detrimental to public safety and peace and may cause serious damage to the life and property of a large number of people. However, the nature of the crime is defective. However, the Defendant’s mistake is divided, the Defendant’s early extinguishment of fire, and the occurrence of human life and physical damage seems not to have occurred, and the damage is recovered and the victim does not want to be punished, taking into account all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, family relationship, the process and method of the instant crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by the disposition.

The judge of the presiding judge shall be net;

Judges Choi Dong-hwan

Judges Shin Jae-ho