2018Gohap562 Special thief, cellular building or fire-prevention injury

A

Kim Sang-young (prosecution) and Song-young (public trial)

Attorney Kim Jong-soo (Korean)

September 7, 2018

A defendant shall be punished by imprisonment for seven years.

A seized green Rater (No. 1) shall be forfeited from the accused.

Criminal facts

From November 2016 to May 8, 2018, the Defendant resided in the second floor D of the building owned by Dongjak-gu Seoul Metropolitan Government (Seoul Metropolitan Government) but it was caused by the failure to pay KRW 80,000 per month during the last one year to drive away unilaterally from the building owner C, etc., but at park events, etc., the Defendant was able to do so. However, the Defendant was able to fright down the building in a timely manner while drinking alcohol on the construction owner, etc., which made it impossible to give guidance.

1. Special larceny;

At around 22:00 on May 10, 2018, the Defendant knew that the proprietor operating a 'E' restaurant in the building located in Dongjak-gu Seoul Metropolitan Government is always keeping gasoline at all times at the left-hand warehouse of the building owned by C and a toilet in the above building. In order to steals gasoline, the Defendant intruded the above building by unlockeding the entrance opened by locks so as to unlocked so as to prevent it, and then the victim F, the owner of the above restaurant, has been holding 10 liters equivalent to 30,000 won at the market price stored in the plastic box in order to use it for the delivery cry. Accordingly, the Defendant stolen the victim F’s property by destroying and impairing part of the building managed by others at night.

2. Injury resulting from the present building or fire;

The Defendant used gasoline as stated in paragraph (1) at the time and place, as described in paragraph (1), and opened 2nd floor of the above building with the second floor above, opened lids of main oil in front of the entrance beginning with the corridor more than 10 liters, and caused gasoline to spread to all households, such as 2nd floor and 201, through the entrance of the second floor of the above building and the wall of the 2nd floor above, so as to cause severe damage to 2nd floor above the 6th floor above the 3rd floor above the 2nd floor above the 2nd floor above the 2nd floor above the 2nd floor above the 7th floor above the 2nd floor above the 2nd floor above the 2nd floor above the 5th floor above the 2nd floor above the 2nd floor above the 2nd floor above the 5th floor above the 2nd floor above the 2nd floor above the 2nd floor above the 2nd floor above the 2nd floor above the 2nd floor above the 2nd floor above the 2nd floor above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, M, J, F, L, and N (including a medical certificate attached to the police statement of L);

1. A written statement;

1. Seizure records;

1. A report on the occurrence of a fire;

1. In the event that an investigation report (the counter investigation of CCTV around the site) and CCTV photographs, investigation reports (the health condition of the victim H and the counter party to the diagnosis), diagnosis reports (the counter party to the damage to property) attached thereto, investigation reports (the diagnosis reports and the counter party to the damage to the victim G and the property) and diagnosis reports attached thereto, investigation reports (the counter party to the gasoline used by the suspect), investigation reports (the counter party to the victim's statement and the results of field identification), diagnosis reports attached thereto, investigation reports (the counter party to the victim's statement and the results of field identification) and on-site drawings and photographs attached thereto, investigation reports (the counter party to the investigation reports and the results of field identification), investigation reports (the counter party to the investigation reports and the results of the investigation reports) and related legal assessment reports attached thereto, investigation reports (the counter party to the victim's report, the diagnosis reports attached thereto, the diagnosis reports attached to the victim's report, the diagnosis reports attached to the victim's report, the report on the victim's telephone call report, the application of the victim's report on the scene report;

1. Article applicable to criminal facts;

Articles 331(1) and 330 of the Criminal Act (special larceny) and Article 164(2) main sentence and Article 164(1) of the Criminal Act (the fact of causing a fire to the present residential building)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of causing bodily injury or injury to the present building between the crimes of causing fire to the present building and the present building)

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;

Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope that the sum of the long-term punishments of the crimes prescribed in the above two crimes shall be added to the punishment heavier than the punishment)

1. Confiscation;

1. The scope of applicable sentences under law: Imprisonment with prison labor for 5 years from 40 years to 40 years;

2. Scope of recommendations according to the sentencing criteria;

○ Special Theft

[Determination of Punishment] thief for thief general property

[Special Aggravationd Persons] Aggravationd : Destruction of a structure at night

Mitigation elements: Where a person intrudes on any place other than indoor residential space;

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor from one year to two years and six months

○ Crimes of Injury resulting from Injury to the Present Building: the sentencing criteria do not apply because they are in a mutually competitive relationship.

○ Scope of the revised recommended punishment according to the standards for handling multiple crimes: Imprisonment for not less than one year (limited to the lowest limit of the recommended punishment for special larceny for which the sentencing guidelines are set);

3. Determination of sentence: the defendant, seven years of imprisonment, reported the fire to the police by himself after the crime of fire prevention in this case, and later the defendant repented his fault. However, the crime of fire prevention in this case was committed by the defendant, which is highly inflammable due to the defendant's entry into the building in which many people live at night, and thus, the crime was very poor. The crime of fire prevention in this case resulted in property damage as well as many people's injury. In particular, the victim H was missing in the state of consciousness by chlothe image and inhaled image, so that he did not know his life. Nonetheless, the situation after the crime was committed because it was difficult for the defendant to take into account the circumstances in which he made efforts for the recovery of victims' damage. Although the police report was made to the police, the defendant's first report on his fire prevention in this case was made to the police at night, but the defendant's order of the crime of fire prevention in this case was made after about 19 minutes after the first police report of the third party, and the defendant's order and the defendant's order of punishment should be determined within the above period.

The judge of the presiding judge shall be net;

Judges Choi Dong-hwan

Judges Kim Gin-han