2018Gohap282 Existing Buildings and Fire Prevention

A 66. Symar

Kim Jong-su (Lawsuits of Prosecution) and Kim Attempted (Trial)

Attorney* (Korean National Assembly)

April 19, 2019

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.

Seized Ba Baz. (No. 1) shall be confiscated.

Criminal facts

On August 17, 2018: 02: around 40, the Defendant heard from the main point of “○○ adult center for the victim B (n, 55 years old) of the 1st floor underground of the building located in Ulsan-gu, Ulsan-ro ○○○○○○○○○○○○○○○,” the Defendant got off to the middle point of stairs connected to the 1st floor of the above building, after going to the outside of the said main point, and then going to the middle point of stairs connected to the 1st floor of the above building, and then going to the middle point of stairs connected to the 1st floor of the above building. Baba, which was located in the middle of the stairs.

(Harmony, 1.5 cm and 50 cm in height) fire was fireed and moved to the wall of the building at issue and the wall of the building at issue.

As a result, the Defendant destroyed the building in which the victim had been present by setting fire to the extent that it is equivalent to KRW 7,980,000.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 164(1) of the Criminal Act; Selection of limited imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

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 recommended sentences according to the sentencing criteria; and

[Determination of Type] Fire-Fighting Act 01. General Criteria / [Type 1] Fire-Fighting, such as suspender buildings, and public cases

Fire prevention such as sculptures, etc.

[Special Convicts] Reductions: In a case where punishment is not granted or damage is recovered from a considerable part;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 1 year and 6 months to 3 years

2. Determination of sentence;

Fire-fighting crimes are serious crimes that undermine public safety and peace, and in particular, fire-prevention crimes against buildings used by heavy people, such as this case, may cause serious damage to the lives and property of the large number of people.

However, it is difficult to see that the defendant's act of this case shows a reflective appearance while recognizing the crime of this case, it is hard to see that the damage caused by the crime of this case is serious, such as where a fire is rapidly extinguishing and no loss of human life occurs, etc., and that the victim paid the victim the amount exceeding the amount of damage ( approximately KRW 8 million) to the victim ( approximately KRW 20 million), and the victim wanted to take the defendant's wife by mutual consent, and there is no record of criminal punishment except that he was punished once by a fine due to drinking driving of this case by not later than the day of this case, and there is no record of criminal punishment except that he was punished by a fine for one time due to a drinking driving of this case.

The punishment as ordered shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the relationship clearly, the age, character and conduct, environment, motive, means and methods of committing a crime, circumstances after committing a crime, etc., and all the kinds of the conditions of punishment as shown in the records and arguments of this case, such as the circumstances after committing a crime.

Judges Park Young-young

Judges Kim Dong-dong

Judges Sulraia