2014Gohap385 Existing Buildings, Fire Prevention, Sponsing

A 90 South Koreans

Lee Jin (A prosecution) and Lee Jin (Public Trial)

Attorney B (Korean National Assembly)

September 15, 2017

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

Seized evidence No. 3 shall be confiscated.

Criminal facts

1. To prevent existing buildings from fire;

At around 02:40 on September 13, 2014, the Defendant: (a) destroyed an area equivalent to KRW 1,859,000 at the market price, such as the instant toilet outer wall, ceiling, window, window-type reconcil, and window-type reconcil, on the five-story male and female-type toilets operated by D to Ulsan Central Mar. 13, 201; (b) the Defendant, while under the influence of alcohol, was able to see the market price by putting fire on the wall of the said toilet, which was installed on a disposable-type bridge, which was in possession of one time, and on September 9, 200 square meters, at a level not exceeding 917 square meters.

Accordingly, the Defendant destroyed a building owned by a large number of unspecified people such as D by setting fire.

2. Magion;

On the same day: 02:45, the Defendant: (a) took advantage of the convenience store of the victim F chip chip " chip", while drunkly doing his/her act, as he/she loaded in the relevant crobbbb, with the influence of alcohol, and he/she took the cropon at the victim’s inside. The Defendant: (b) taken a large amount of money; and (c) taken a large amount of money; (d) the Defendant was issued KRW 4,90,000,000, including KRW 50,000 and KRW 10,000,000,000,000 from the frobbbling victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and F;

1. A report on seizure, a list of seizure, a quotation, each photograph, and a report on each investigation;

Application of Statutes

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

Article 164(1) of the Criminal Act (the occupation of existing buildings and fire prevention, the choice of limited imprisonment) and Article 350(1) of the Criminal Act

(A) The choice of imprisonment or imprisonment;

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Punishment heavier Existing Buildings and Fire Prevention)

(2) the penalty prescribed in subsection (3) of this section shall be the aggregate of the long-term punishments of each of the

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) First offense: Crimes of setting fire to existing buildings; and

[Scope of Recommendation Form]

General Criteria Type 1 (Setting fire, such as suspender buildings, fire prevention, and fire prevention, such as public buildings, etc.) basic area (2)

From 5 years to 5 years)

【Special Convicted Persons】

None

(b) Second offense: Bribery;

[Scope of Recommendation Form]

Type 1 (less than KRW 3,00,000) for General public conflict (from January to August)

[Special Mitigation]

Where the degree of conflict is weak;

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of two years to five years.

2. Determination of sentence;

The crime of fire prevention of the existing structure of this case was committed against the defendant in the toilet of the existing commercial building without any reason. It is an act that may cause serious harm to the lives, bodies, and property of a large number of citizens, such as the victim, etc., by causing serious harm to the lives, bodies, and property of a large number of citizens. In light of the nature of the crime and the risk of the crime, it is disadvantageous to the defendant.

On the other hand, in the case of the crime of fire prevention, there was no loss of human life due to early extinguishment of the victim, and the extent of damage caused by the fire of the goods, etc. in the above toilets is relatively little, and the extent of damage caused by the crime of fire is not relatively small, damage was temporarily returned to the victim in the investigation stage, and damage was recovered to a certain extent, the defendant is the first offender and the defendant has committed a crime, and 50,000 won was deposited for the victim of the existing crime of fire prevention, etc. In addition, the defendant's economic conditions are favorable to the defendant, such as the defendant's economic situation, family relation, age, character and conduct, environment, and circumstances after the crime, etc., and all the sentencing conditions as shown in the argument of this case shall be determined as ordered by the text.

Judges Lee Dong-sik

Judges Kim Jong-soo

Judges Whitek