(영문) 울산지방법원 2020.6.5.선고 2020고합59 판결

Defendant B shall be punished by imprisonment for one month with prison labor for the case of 2020 Gohap74 decided on the judgment of Defendant B, by imprisonment for the case of 2020 Gohap59, 2020 Gohap75, and 2020 Gohap90 decided on the judgment of Defendant B, and by imprisonment for one and half years.

A seized Raz. (No. 1) shall be confiscated.

Reasons

Facts of crime

【Criminal Records】

On January 31, 2019, the defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Ulsan District Court on June 23, 2019. On January 9, 2020, the execution of the sentence was terminated at the Ulsan District Court on June 23, 2019. On January 17, 2020, the judgment became final and conclusive on January 29, 2020, and the execution of the sentence was terminated at the Ulsan District Court on January 29, 202.

[2] When Defendant 12020, 591 thought that it was difficult to lead a normal social life due to alcohol dependence and mouth cancer, Defendant was detained in the building by means of fire-prevention, and was in mind to lead a prison life in the detention house. Defendant 20:15 on March 22, 2020, the fourth floor of the building located in the 00-ro, Yangsan-si, Yangsan-si, and the 1st floor of the 1st floor was installed in the construction, and the entrance was not corrected. At the same time, Defendant 2020, 12020, 591 entered the 4th floor of the above building through the entrance attached to the 1st floor for fire prevention, and the 3rd floor was occupied by the care care care education center, the 1st floor of the 2nd floor, the 1st floor of the 1st floor and the 1st apartment of the above 1st floor, and the 1st apartment of the above 1st apartment.

As a result, Defendant 1 destroyed a building which is used as a residence by setting fire to and by a person.

" 2020 Gohap 74

Defendant was given alcohol treatment at a hospital and became aware of the victim Kim-young (the name of the victim, 55 years old). Defendant 1, around 17:00 on August 5, 2019, drinking alcohol at the victim's house located in PO2-0-ro O2-o, Yangsan-si, and drinking alcohol at the victim's house, thereby damaging the amount of un-repaired repair cost by drinking once a part of the amount of 1 million won at the market price of the victim's ownership.

" 2020 Gohap 75"

피고인 은 2020. 3.2.22:20경 양산시 삼호로 158 서창파출소에 찾아가 그곳에서 근무 하는 경찰관 들 에게 숙식을 해결해달라고 요구하다가 경찰관들로부터 거절을 당하자 화가 나 위 파출소주차장에 주차되어 있던 ##@####호 아반떼 순찰차의 좌측 사이드 미러 와 썬바이져를 발로 차 액수 미상의 수리비가 들도록 손괴하고, 그 옆 에 주차되어 있던 %%%%%%호 소나타 순찰차 의 우측 사이드 미러를 발로 차 액수 미상 의 수리비 가 들도록 손괴하였다.

" 2020 Gohap 90"

1. 피해자 백 운전 ( 가명)에 대한사기 피고인 은 2020. 3.21.02:10경 울산 남구 옥동에서 마치 택시요금을 정상적으로 지급할 것 같은 태도 를보이면서 피해자 백운전 이 운전하는 울산$$@$$$$ 호 택시에 탑승하여 피해자 로 하여금 위 택시를 양산시 1길 00 아파트까지 운전하게 하였다.

However, at the time of fact, the defendant did not have the intention or ability to pay the taxi fee. The defendant deceiving the victim as above and let the victim drive the above taxi to the destination, but did not pay 34,500 won for the above taxi, thereby acquiring the benefit of property equivalent to the same amount.

2. On March 21, 2020, at around 12:10 on March 21, 2020, Defendant: (a) took the same attitude that he would normally pay the taxi charges at the entrance of the 7-ro 7-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) however, at the time of fact, the Defendant did not have the intent or ability to pay the taxi expenses; (c) by deceiving the victim as above, the Defendant acquired economic benefits equivalent to the same amount because the victim did not have the victim drive the said taxi up to the 158-dong-si-dong-dong-dong-dong-si

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Article 164(1) of the Criminal Act (the main building and fire prevention), Article 366 of the Criminal Act (the point of causing property damage), Article 141(1) of the Criminal Act (the point of damaging public goods) and Article 347(1) of the Criminal Act (the point of fraud)

1. Selection of a punishment;

In regard to the crime of fire prevention of the present owner's structure, each choice of imprisonment with prison labor for a limited term, the crime of causing property damage, the crime of damaging public property, and fraud.

1. Aggravation of repeated crimes;

§ 35 Section 1. Handling of concurrent crimes

The latter part of Article 37 and Article 39(1) of the Criminal Act (the crime of causing property damage in the judgment of 2020 Gohap74 and the crime of fraud, etc. in the judgment of 17 January 2020)

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes for Punishment No. 2020, 59, which shall be the largest punishment) of the Criminal Act

1. Reduction of a small amount;

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 Code provides 1 heading-type 1 of the Criminal Code and 2020 high-class 74 decided on January 1, 200

(a) Scope of punishment imposed under Acts: One month to six years;

B. Scope of recommended sentences based on sentencing standards

Since the latter concurrent crimes of Article 37 of the Criminal Code are concurrent crimes, the sentencing criteria shall not be applied.

2. The scope of punishment imposed under the Act No. 2020, 59, 2020, 75, 2020, 2020, 90

(b) A crime of 1 (the range of recommending types according to the sentencing criteria) committed on the basis of sentencing standards (the current main structure and fire prevention).

[Determination of Types] Fire Prevention Standards (Type 1] Fire Prevention, such as residential buildings, and fire prevention, such as public buildings, etc.

【Special Sentencing】

[Scope of Recommendation and Recommendation Form] Basic Field, Offenses 2 (Damage to Public Goods) of Imprisonment with Labor from 2 years to 5 years)

[Determination of Type] Crimes of Obstruction of Performance of Official Duties, 02. Invalidity and Destruction of Public Articles / [Type 1] Public Articles / Public Articles .

【Special Sentencing】

[Scope of Recommendation and Recommendation Form] Basic Field, Crimes of 6 months to 1 June 3] Crimes of 3 (Fraud)

[Determination of Type] Fraud : General Fraud / [Type 1] below 100 million won

【Special Sentencing】

[Scope of recommendation and recommendation forms] Basic area, scope of recommendation forms according to the criteria for multiple crimes: Imprisonment of two to six years (the upper limit of crime ＋ the upper limit of crime 1 + the upper limit of crime 2 + 1/2 + 1/3 of the upper limit of crime 5) by the applicable sentencing range: Imprisonment of labor of three to six years (the lower limit of the applicable sentencing range recommended by the applicable sentencing range under this Act). Since it is inconsistent with the lower limit of the applicable sentencing range under this Act, the lower limit of the applicable sentencing type under the law shall apply to the case of the lower limit of the applicable sentencing range recommended by the applicable sentencing range)

3. According to the decision of the sentence, the crime of this case was committed by the defendant, and the defendant destroyed the building of the commercial building, such as singing machines and patrols, and did not pay the taxi fee. On the fourth floor of the building subject to the fire prevention of this case, commercial managers and their family members were living in the building of this case, and the rest of the building was in operation, which could cause serious damage to the lives and property of the large number of lives and property that were destroyed by large fire, and thus, the crime of the fire prevention of this case is not easy and good. The crime of the crime of the fire is committed 17 times in the history of the crime, such as drinking, unlicensed driving, assault, obstruction of performance of official duties, etc., and the crime was committed during the period of repeated offense, and the defendant cannot be exempted from the punishment corresponding thereto because the damage was not recovered.

However, all of the crimes of this case are recognized by the defendant, the fire caused by the fire of this case did not occur due to early extinguishment, and there was a long-term hospitalized treatment due to alcohol addiction, and at present, it seems that the defendant committed the crime under the circumstance that he did not appear to have committed the crime due to his own mind as the time the hospitalization was also difficult immediately after his life and release, the amount of damage caused by the remaining crimes, and the amount of damage caused by the crime of causing property damage to the victim Kim Jong-han should be considered as favorable circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the fact that the defendant's age, character and behavior, the crime, the motive and consequence of the crime, the circumstances after the crime, etc., should be considered together with the circumstances of various sentencing as shown in the records and arguments in this case.