2015 Gohap672 Existing Buildings and Fire Prevention

(1) ① (73 years old, over), free of office

Residentialization City

Reference domicile Pyeongtaek-si

Kim Slova (Lawsuits) and Park Jong-jin (Trial)

Attorney Kim Gyeong-jin, Kim Jong-jin (Korean National Assembly Line)

March 17, 2016

A defendant shall be punished by imprisonment for two years.

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

The defendant shall be ordered to provide community service for 80 hours.

Facts of crime

On November 17, 2015, the Defendant, around 01:0 01, 00 : * *BG * * * * * * the Defendant’s residence, living together in the above dwelling area and filed a divorce lawsuit from the Disprison Kim Jong-tae, who is currently living in the same dwelling area, and then living in the same dwelling area, destroyed by setting off one of the butane gas on the plastic plastic bags containing the clothes owned by the Defendant with fire with a bitter, which was in possession of the bit * * * * * * glass.

As a result, the Defendant set up the above-mentioned* * Ba, etc. used as a residence by 25 households such as HuA, etc. * putting in this building, and setting fire on 35. 5 square meters from among the buildings of 18 square meters of 873 square meters from the 4th floor of the above-style reinforced concrete structure.

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 (Selection of Imprisonment)

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. Suspension of execution;

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

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

[Determination of Types 1] General Criteria for Fire Prevention. (Setting Fire to Main Buildings, etc.)

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation] Imprisonment with prison labor for not less than one year and six months, but not more than three years;

【Determination of Sentence】

The crime of this case is committed by the Defendant, in the caric book of the Defendant, which was destroyed by the Defendant’s residence, and the crime of fire prevention against a building in which many people exist, is not a crime detrimental to public safety and peace.

However, under the favorable circumstances of the defendant, such as the fact that the defendant recognized the crime in this case, the personal injury did not occur due to the crime in this case, the repayment of physical damage equivalent to the repair cost was made, the defendant committed the crime in this case by contingently, and there was no criminal record of the same kind of crime as well as the criminal records of the defendant, and KimB, the owner of the house that the defendant committed, was the owner of the house that the defendant's fire, and the defendant's age, character and behavior, environment, environment, family relationship, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., and the sentencing range under the sentencing guidelines set by the Sentencing Commission is various conditions shown in the records and arguments, including the defendant's age, character and behavior, environment, family relationship, the method and consequence of

In consideration of the details of the order, the punishment shall be determined as ordered.

Judges Lee Dong-won

Judges Sung Jae-in

Judges Park Jae-chul