2014Gohap327 Fire Fighting of general goods

A

Hong Seas (prosecutions) and Associate-hees (public trials)

Attorney B (Korean National Assembly)

May 16, 2014

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On March 16, 2014, at around 05:34, the Defendant, while drunkly doing Dtel 401 located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, in his/her residence, had a male-gu dispute with E, he/she considered that “whether he/she has dumped it,” he/she would be able to die with a crypology due to the delay by attaching a fire to E-owned cocker.

Therefore, the Defendant, using gas bags in the room, put a fire to the said crowdfundinger, laid down the fluor in a timely manner the fluor to the fluor, setting the fluor, which was laid on the floor of the fluor, and moved the fluor to the beer, which was located on the floor of the fluor. Accordingly, the Defendant destroyed another’s property and thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. E prosecutorial statement;

1. On-site photographs and reports on the results of field identification;

Application of Statutes

1. Article applicable to criminal facts;

Article 167(1) of the Criminal Act

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)

Reasons for sentencing

1. The scope of punishment: Imprisonment for not less than six months but not more than five years;

2. Application of the sentencing criteria: Imprisonment for not less than six months but not more than one year; and

[Determination of Punishment] General Criteria for Fire-Fighting Crimes of Type Three (General Goods Fire-Fighting)

[Special Aggravation] Aggravations: None, and mitigations: In cases where actual damage is minor, no penalty shall be imposed.

[Recommendation Area] Reduction Area (at least six months of imprisonment and not more than one year);

[Special Adjustment of the Sentencing range] Where there are more than two special mitigations, the lower limit of the range of punishment recommended by the sentencing guidelines shall be mitigated to up to 1/2, but since the scope of punishment is inconsistent with the applicable sentences by legal mitigation, the lower limit of the applicable sentences shall be determined by law.

3. Determination of sentence: One year of a stay of execution in six months of imprisonment; and

The Defendant’s crime of this case was committed on the 4th floor and 12 households above the monthly rent leased by the Defendant. The Defendant’s crime of this case was committed on the 4th floor and 12 households, which may cause serious harm to the lives and property of many and unspecified persons, and such crime is not easy, such as serious threat to public safety and peace.

However, on the other hand, since the fire caused by the crime of this case occurred rapidly and early, the actual damage was caused by the destruction of 100,000 won in total, market price, and the defendant was caused by an insulting horse that was in a relationship with E, and was caused by a contingent crime of this case. It was considered in the motive or circumstance of the crime of this case, such as the defendant's short idea and protruding behavior in depth, and the defendant's death to neighbors. In addition, there were no records of crime exceeding the same kind and fine, and E, the primary victim of the crime of this case, also did not want the punishment of the defendant. It is more favorable circumstances to consider such factors as the defendant's character and behavior, family environment, family relation, health condition, motive and condition of execution of the crime of this case, etc., as well as all other circumstances, such as the crime of this case, the defendant's punishment should be suspended at once, rather than the above punishment of the defendant.

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

The assistant judge of the presiding judge;

Judges Yang Young-young

Judges Park Jae-min