2018Gohap426 Dried residential building and fire prevention

A

Preliminary (prosecution) and public trial (public trial)

Attorney B (Korean National Assembly)

May 30, 2018

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, along with the victim D's multi-household 4 located in Jung-gu Seoul Metropolitan Government, resided with the victim of the victim D's multi-household 4, and the house is from the basement to the second floor, to the second floor. On December 11, 2017, the Defendant, on the ground that he cannot be known at around 13:50 on December 11, 201, he was released from his clothes, and was placed under the clothes that he was placed on the paper, and was put on the whole of the measures such as the household, etc., in which he was in the way of the non-breadth.

Accordingly, the Defendant destroyed a structure owned by a person who lives in the Republic of Korea to be equivalent to KRW 1,535,00 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Fire site survey report and on-site photographs;

1. Voluntary reports and application of Acts and subordinate statutes to each investigation report (30,33 pages of investigation records);

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

Article 164(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

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. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] General Criteria for Fire Prevention. (Setting Fire to Present Living Building, Fire to Public Structures, etc.) Reduction element: In the case where actual damage is minor, in the case where punishment is not imposed, or damage has been restored to a considerable part.

[Scope of Recommendation] Special mitigation Zone, one year and six months of imprisonment to three years [the lowest limit of punishment by law (one year and six months of imprisonment) is higher than the minimum limit of punishment to which the sentencing guidelines apply, and therefore the minimum limit of punishment by law shall govern]

3. Determination of sentence: The crime of this case, one year and six months of imprisonment, and two years of suspended execution, was destroyed by setting fire to a multi-household house in which many people, including the defendant, reside, and thus, there was a risk of causing serious damage to the life and property of other residents of the above house or people living in neighboring houses as a result of a large number of times, which is disadvantageous.

On the other hand, the defendant reported to 119 on his own, and made efforts to reduce damage, such as diving of urban gas valves, etc. The damage caused by the crime of this case is relatively minor, and the defendant, in 2014, lost his workplace where he had been working for a long time and has been suffering from mental instability due to symptoms, stress, etc., and seems to have reached the crime of this case contingently, the defendant is both recognized and against the crime of this case, and the victim does not want the punishment of the defendant, and the defendant does not have any specific criminal records except for those sentenced to a fine once every 18 years prior to his 18 years.

In addition, the defendant's age, character and conduct, environment, health conditions, motive of the crime, circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the records and arguments of this case.

The senior judge of the presiding judge;

Judge Lee Sang-hoon

Judges Park Il-young