2018 Highest 291 General Goods Fire Prevention, Property Damage and Damage

Han-han (Gain name) South 73. Hain

Last Residence Busan District Office

Kim Jong-un (Court) (Court of the Republic of Korea) (Court of Justice)

July 10, 2020

Defendant B shall be punished by imprisonment with prison labor for one year.

Criminal History Office

1. Damage to property;

From July 20, 200:30 on July 20, 2018, at the beauty room operated by the victim's seat operation (titled name) in Ulsan-gu, the defendant found the victim as the above beauty room in order to obtain the victim's opinions after receiving the victim's notice from the victim who was in an internal-related relationship with the defendant, but the victim, who had drinking together with other male, did not get out of the defendant, made the victim a telephone, and the victim, who did drinking together with the above beauty room, did not want to get out of the defendant. Accordingly, at the above beauty room, the defendant 1 cosmetic at the market price of 275,00 won (275,000 won), 715,000 won, 1 cosmetic at the market price of 66,000 won, and 10,000 won among the total market price of 8,000 won, 16,500 won, etc.

Accordingly, Defendant damaged another person's property.

2. Fire prevention of general goods;

At around July 20, 2018: 03:17, the Defendant continued to damage the above victim’s property as described in the above paragraph (1) and kept the victim in the beauty art room, but the victim did not see any clerical error, the Defendant left approximately 50 of the victim’s clothes stored in the beauty art room, and he stored them in the telegraph line near the above beauty art room, and caused public danger, such as extinguishing the clothes he used by the victim to put them into the gaser, and extinguishing them into the clothes he used by the victim in the above beauty art room.

As a result, Defendant 2 destroyed the victim's goods by setting fire and caused public danger.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Article 366 of the Criminal Act (the point of causing property damage, the choice of imprisonment), Article 167(1) of the Criminal Act (the point of preventing general property)

The punishment prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment heavier than this punishment shall be aggravated by concurrent crimes within the scope of adding the long-term punishment for the crime of destroying property to the punishment prescribed in the crime of destroying property)

1. Grounds for sentencing: Imprisonment with prison labor for a period of up to 13 years;

2. The scope of recommending sentences according to the sentencing standards.

(a) A crime under subparagraph 1 (Setting fire to general goods);

[Determination of Type] Fire Prevention Offense 01. General Criteria / [Type 3] General Fire Prevention / General Goods Fire Prevention

【Special Sentencing Sentencing】

- Mitigation elements: If the actual damage is minor, non-conformity of punishment;

[Scope of Recommendation and Recommendation Form] Special Mitigation Area, three months to one year of imprisonment

[General Sentencing]

- Aggravated factor: where there is a risk of causing multiple victims or causing large damage;

(b) Two crimes (Destruction of property);

[Determination of Type] A damaged crime, 01. General Criteria / [Type 1] Property damage, etc.

【Special Sentencing Sentencing】

- Mitigation element: If actual damage is minor, non-conformity of punishment;

[Scope of Recommendation and Recommendation Form] Special mitigation area, one month to six months of imprisonment (no person in general sentencing)

(c) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for three months to one year (the first crime maximum + the second crime maximum 1/2).

(d) Scope of recommended types of punishment revised according to the wife type: Imprisonment with prison labor for a period of one year from one year to one year (in cases where the lowest limit of the sentence range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing type, it shall be based on the statutory minimum limit of the applicable sentencing type);

3. According to the sentence, the crime of this case was committed by the defendant, and the defendant destroyed the cosmetic and the house of the victim's beauty room, and 50 booms around the victim's clothes, destroyed the fire by putting the victim's clothes 50 and moving the fire to the utility pole. The fire-fighting crime is a crime detrimental to public safety and peace, and it is highly dangerous because it may cause serious harm to life and property of many citizens, and there is a large risk. The fire-fighting crime is a serious danger. There are many lots of parked vehicles and street trees around the utility pole which were not moved to the victim at the time of the crime, and there seems to have been a neighboring commercial building. If there is no early progress in the crime, it is not good that the crime of this case was committed for a more than 0 years since it was sentenced to imprisonment, and there is no effort to do so for extinguishing after the crime of fire-fighting, 10 years away from the death of the victim, 10 years away from the death of the victim, and 2 years away from the death and property damage.

However, in light of the favorable circumstances, Defendant 1’s age, character and behavior, family environment, motive and background of the crime, means and consequence of the crime, and circumstances before and after the crime, etc., the following factors are considered: (a) the fact that Defendant 1’s investigative agency recognized all the crimes in this investigation agency; (b) Defendant 2 appears to have committed a crime with the remaining somewhat contingent and contingent while under the influence of alcohol, the victim of the person interested in the crime in question was hedging; (c) property damage was relatively large; and (d) there was no additional damage due to early extinguishment; and (d) the victim expressed his intention not to punish the Defendant at the investigative agency; and (e) the punishment is determined as ordered by considering various sentencing conditions as shown in the arguments, such as the Defendant’s age, character and behavior, family environment

Judges Park Young-young

Judges Kim Do-young

Judge Definition Binding