2016Gohap438 Dried residential buildings and attempted fire preventions

A person shall be appointed.

Freeboard ( Prosecution) Transfer (Public Trial) and Transfer (Public Trial)

Attorney B (Korean National Assembly)

April 7, 2017

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

피고인은 2016 . 11 . 25 . 02 : 20경 울산 중구 C에 있는 다가구주택 내 D의 집에서 평 소 왕래하던 D이 연락을 받지 않는다는 이유로 술에 취한 채 위 집 앞으로 찾아가 소 지하고 있던 열쇠를 이용하여 위 집 안으로 들어간 후 라이터를 이용하여 그곳에 있던 두루마리 화장지에 불을 붙였으나 피고인으로부터 D의 집에 불을 지른다는 말을 듣고 피고인과 같이 온 E이 불이 붙은 화장지를 빼앗아 발로 밟아 불을 껐다 .

계속해서 피고인은 마당에 있던 쓰레기통을 가지고 위 집 안으로 들어와 라이터를 이용하여 위 쓰레기통 안에 있던 휴지에 불을 붙였으나 이를 본 E이 쓰레기통을 마당 으로 가지고 나가 불을 껐고 , 재차 라이터를 이용하여 위 집 안에 있던 D의 점퍼에 불 을 붙였으나 마찬가지로 E이 이를 빼앗아 점퍼에 붙은 불을 껐다 .

The Defendant tried to fire D’s residence by setting fire, but did not bring about the intent due to E, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to D and E;

1. Each report on investigation;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 174 and 164(1) of the Criminal Act, the choice of limited imprisonment

1. Statutory mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (Attempted Crime)

1. Suspension of execution;

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

Reasons for sentencing

The defendant tried to set fire to a multi-family house in which the victim, etc. reside. As such, the fire prevention of a building in which the person resides may cause serious danger and injury to the lives and property of many citizens as a crime detrimental to public safety and peace, and such danger is highly likely to occur. Furthermore, the defendant attempted to commit the crime, such as setting fire to the first place of cremation by attaching fire to the place of cremation and attaching a fire to another object even though the fire was avoided by E, the defendant's liability is not less than the defendant's liability.

However, in light of the following: (a) the Defendant committed most of the crimes and reflects the Defendant’s depth in committing the crime; (b) the instant crime was committed against attempted crimes; (c) the degree of actual damage therefrom was relatively minor; (d) the victim complained of his wife against the Defendant; and (c) the Defendant did not have any previous fault, etc., taking into account the Defendant’s reasonable circumstances into account the Defendant’s age, character and behavior, environment, motive, means and association of the crime; and (d) the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, etc., are determined as identical to the disposition.

Judges Lee Dong-sik

Judges Kim Jong-soo

Judges Whitek