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Reasons
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(영문) 울산지방법원 2015.11.20 2015고합316
현주선박방화
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A defendant shall be punished by imprisonment for two years.

Seized dynas (Evidence No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant, from October 2014, on board the ship owner D (7.93 tons) owned by U.S. C, which was loaded at the river port in Ulsan-gun, Ulsan-gun, was expected to receive KRW 1 million from the said C as a bonus for the drilling around September 23, 2015, but the Defendant demanded the said C to pay KRW 100,000 to the said C with the payment of KRW 50,000 as a provisional payment, but the Defendant was refused to do so.

On September 27, 2015, at around 20:58, the Defendant: (a) entered a password, which he was aware of in the entrance of the steering house, into the corrective device installed at the entrance of the steering house; and (b) stored on the floor of the steering house with a disposable gate (Evidence No. 1) which was held after intrusion into the steering house, and stored on the floor by attaching it to the floor, so that the repair cost would be approximately KRW 100,000,000,000,000 in the upper part of the engine room where the steering house and the crew room are located.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The actual condition survey report;

1. Police seizure records;

1. Written replys to requests for appraisal;

1. Investigation reports (joint fire identification by the National Institute of Scientific and Investigative Research of Victim Ships), investigation reports (record recording of telephone conversations of a captain);

1. Application of the report on the occurrence of a fire vessel, the comprehensive inquiry screen of the system for the management of entry into and departure from a D vessel, the photographs of the scene of the fire, and the photographic evidence of the crime tools;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for a year and six months to fifteen years;

2. The range of recommended sentences according to the sentencing criteria (the range of recommended sentences) shall be general standards.

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