2016Gohap111 Existing buildings and attempted fire preventions

A

Newcomforcing (prosecutions) and westing (public trial)

Attorney B, C (State Ship)

January 17, 2017

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to be put on probation for one year.

Criminal facts

On September 18, 2016, the Defendant: (a) around 22:30, at the place of residence of Gangnam-gu Seoul Metropolitan Government Down Loans 106; (b) was in the process of usual and fireation; (c) was believed to neglect himself/herself; (d) was fluencing his/her house so that he/she can extinguish by burning his/her house; (c) was fluencing his/her house by attaching gas siren to his/her house to his/her inner room; and (d) the police officer dispatched upon receipt of a report by the above E- 112 was unable to bring the water into the inner floor.

Accordingly, the defendant tried to destroy a building in which people exist by setting fire, but attempted to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports (19 mobilization orders), accompanying documents, investigation reports (related to field photographs) and accompanying photographs, details of arrest of a flagrant offender, and reports filed by 112;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 174 and 164(1) of the Criminal Act

1. Attempted mitigation;

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

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Probation;

Article 62-2 (1) and (2) of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Application of the sentencing criteria;

[Determination of Sentencing] The designation of sentencing criteria as an attempted crime

3. Determination of sentence: One year of imprisonment and three years of suspended sentence; and

[3] In light of the above legal principles, the Defendant’s act of abusing her life, body, property, etc., and the Defendant’s act of abusing her life, body, property, etc., was committed at night, and the Defendant’s act of abusing her life, etc. was committed again, even if there was a record of performing incidental measures such as probation and alcohol treatment. In this respect, it is necessary to punish the Defendant, as prescribed by the law, inasmuch as the Defendant’s act of abusing her life, body, property, etc. was committed during night, and the public safety could have been seriously threatened.

[G] The Defendant seems to have made an erroneous judgment in mind of being disregardedd by his family members while under the influence of alcohol with ordinary family members. In addition, even if the Defendant was under the influence of alcohol, early extinguishment of a building before being imprisoned, and fire prevention itself was caused by attempted attempts, and the resulting damage was minor except for a part of the floor. Following the instant crime, the Defendant appears to have made efforts to prevent further spread of damage, such as making the victim’s father and wife go to outside the building. The Defendant agreed with the victim E, F, G, and the said victims and the Defendant’s wife complained of the Defendant’s wife. The Defendant did not have a criminal record subject to punishment or punishment exceeding the suspension of execution. The Defendant appears to have committed the instant crime, and there was no attitude to recognize and reflect all of the instant crimes, and social ties relationship, such as family relations and occupation, relatively good. If the Defendant is detained, there is a concern that excessive difficulty in the livelihood of his family members might be accompanied by excessive difficulty.

In addition, the motive, method, result, relationship with the victim, circumstances after the crime, defendant's age, character and conduct, environment, family relationship, health status, etc. shall be comprehensively taken into account all the sentencing conditions as shown in the argument of this case, such as the motive, method, and consequence of the crime of this case.

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence (nine jurors);

○ "guilty": 9 persons (per day).

2. Opinions on sentencing;

○ One year of imprisonment, three years of suspended execution, one year of probation: Five persons;

○ One year and six months of imprisonment, three years of suspended execution, and one year of probation: On the grounds of at least four persons, this case shall be decided as ordered through a participatory trial at the defendant's wishes.

The presiding judge, judge and mining interference

Judge Choi Min-man

Judges Kim Gin-han