2015Gohap407 Existing buildings and attempted fire prevention

J. (1) (69 years old, South) Operation of land, refined

Housing Sung-nam City

Reference domicile Posisi

Kim Slova (prosecutions) and Park Jong-hee (Trial)

Law Firm Sin Law Firm Maximum Intervention

January 19, 2016

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

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

Facts of crime

On May 29, 2015, the Defendant: (a) around 30:30, at the 2nd floor office operated by ○○○○○○○○○○ in Suwon-si, the victim did not pay the money borrowed from the Defendant; (b) cut the gas stack from the Defendant, and destroyed the gas by attaching the gas to the racker; (c) however, the victim did not commit an attempted act by taking the location of gas blocking. The summary of the evidence was the summary of the evidence.

1. Defendant's legal statement;

1. Statement of each police statement on ○○○;

1. Police investigation report (in-depth investigation, such as on-site conditions);

1. Photographss of public use of crime, gas pipes, and sceptic photographs;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 174 and 164(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

C)

1. Suspension of execution;

Article 62(1) of the Criminal Act ( considered for the repetition of normal circumstances above)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment with prison labor for one year and six months to fifteen years; and

2. Scope of recommending sentencing criteria: The sentencing criteria shall not apply to an attempted crime.

3. Determination of sentence;

Considering the fact that the crime of this case was committed during the suspension period of the execution of this case, the Defendant’s act of cutting urban gas protection in a marina office operated by the victim, and attempted to prevent fire with gas by attaching gas, which is highly dangerous, and committed the crime of this case, the crime of this case is heavy.

However, a suspended sentence shall be imposed in consideration of the following facts: (a) the Defendant agreed smoothly with the victim; (b) the Defendant committed a contingent crime in the course of promoting the repayment of debt to the victim; (c) the Defendant committed an attempted crime; (d) the crime was committed; and (e) the actual risk of property is not substantial; and (e) the Defendant’s mistake is closely against his/her own fault.

It is so decided as per Disposition for the above reasons.

Judges Yang Sung-soo

Judges Doese defect

Justices Kim Jae-su