2018Gohap402 Dried residential buildings and attempted fire preventions

A

Lease leather (prosecution) or more records;

Attorney B (Korean National Assembly)

May 24, 2018

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. It shall order the defendant to be put on probation.

Criminal facts

While the Defendant lacks the ability to discern things or make decisions due to alcohol dependence symptoms and excessive drinking, on March 21, 2018, at around 23:30, the Defendant attempted to extinguish the above house where a person is present by putting a fire with a fluor’s fluor, after hearing her mother’s right at the place of residence of the Defendant located in Gangnam-gu Seoul and 102, in Gangnam-gu Seoul and c and 102 under the influence of alcohol, and after having her mother’s right at the place of residence, the Defendant attempted to extinguish the above house with a fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fla

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. On-the-spot report (field investigation, etc.), internal investigation report (the confirmation of processing details of 112 reported fire places), internal investigation report (related to the initial investigation report), internal investigation report (related to the investigation of the fire officer), report on results of field inspection, investigation report (related to the discovery of sources of presumption of fire removal);

1. 112 Report disposal slips;

1. On-site photographs;

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. Mitigation of mental disorders;

Articles 10(2) and 55(1)3(1)3(i) of the Criminal Act reported that the Defendant was hospitalized for 333 days from November 9, 2014 to September 13, 2016 due to alcohol dependence, heavy symptoms, and the Defendant received hospital treatment for a considerable period of time from September 13, 2016; ② the Defendant appears to have received a large amount of alcohol from the new wall on the day of the instant case; ③ the Defendant was installed in the police unit on several occasions while sending back to the day of the instant case, ③ the date of the instant case, and at the same time, the Defendant reported that the Defendant was in a state of excessive alcohol dependence or lack of ability to make a decision on whether the Defendant directly transferred the parents to the Supreme Prosecutors’ Office.

1. Attempted mitigation;

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

1. Suspension of execution;

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

1. Probation;

Article 62-2 of the Criminal Act

1. Reasons for sentencing: Imprisonment with prison labor for a period of nine months to seven years;

2. Scope of recommendations based on the sentencing criteria: Unapplicable (the case is an attempted crime).

3. Fire prevention of a sentence-making residential building is a high risk of undermining a large number of lives and property. In addition, the Defendant has a history of causing several problems in a flooding state even before. Considering the above circumstances, the Defendant’s liability for the crime is not easy.

However, the Defendant committed the instant crime under the weak mental and physical conditions due to symptoms of alcohol dependence and excessive drinking. The Defendant merely committed a part of the suspension, clothes, and flives, and the Defendant did not move to a building, and thus, actual damage appears to be insignificant. He agreed with H (the owner of the building), and H did not want to be punished against the Defendant. There is no criminal conviction exceeding the fine. The Defendant is against the instant crime, and the Defendant appears to have been tryed to treat the instant crime and prevent recidivism, such as hospitalized in the Military Medical Hospital Specializing in the Medical Care for alcohol dependence after the instant crime.

In order to assist the rehabilitation of the defendant's family members, it seems that social ties are maintained, such as participation in educational programs for 10 weeks.

In addition to the above circumstances, considering the motive, means, and result of the crime, the circumstances after the crime was committed, the defendant's age, character and conduct, environment, and family relation, the sentence of imprisonment with prison labor is suspended, and the execution of the sentence is suspended, but probation is ordered to be imposed by the special rules for proper treatment and prevention of recidivism against the defendant.

The presiding judge, judge Kim Jong-tae

Judges Park Jae-ran

Judges Chief Democratic

(i)that they drink beverages containing alcohol ingredients, with good faith in treatment of mental problems, such as alcohol dependence, and on a regular basis;

To report medical progress to the probation officer, to comply with the request for a drinking test by the probation officer, and to a doctor's opinion if requested by the probation officer; or

He/she shall submit a certificate of medical treatment, etc., and shall endeavor to make a living by a legitimate importer with an occupation.