2018 Highest 449 Unexplosion of explosive objects

A

In case of prosecution (prosecutions, public trials), and in case of ruptures (public trials)

Attorney B, C (State Ship)

September 7, 2018

A defendant shall be punished by imprisonment with prison labor for up to 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

Around 12:00 on April 13, 2018, the Defendant: (a) at an outdoor parking lot at the entrance of the Supreme Prosecutors’ Office located in 157, according to the distribution of Seocho-gu, Seoul, the Supreme Prosecutors’ Office (hereinafter “Seoul High Prosecutors’ Office”); (b) tried to cut down, cut, or shot gas, which was prepared in advance, to attract attention to the prosecution for the purpose of raising concern by taking out complaints against the prosecution and his suppressions; and (c) tried to shot gas by shot off, shot gas, which is an explosive object, and then, (d) the police assigned for special guard of the Supreme Prosecutors’ Office (hereinafter “the Supreme Prosecutors’ Office”). However, the Defendant attempted to cause danger to another person’s life, body, or property by gas

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Written statements of D;

1. A protocol of seizure (afford submission of evidence No. 1);

1. CCTV video CDs;

1. The pictures of butane gas and rain; and

Application of Statutes

1. Article applicable to criminal facts;

Articles 174 and 172(1) of the Criminal Act

1. Statutory mitigation;

Articles 25(2) and 55(1)3 (Attempted Crime) of the Criminal Act

1. Suspension of execution;

Judgment on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below)

1. Summary of the assertion

The Defendant merely committed the above act in order to express complaints against the prosecution and to attract attention for the purpose of citing one’s suppression part. The above act did not cause danger to human life, body, or property. The Defendant did not have awareness of the fact that his own act causes danger to human life, body, or property.

2. Determination

B. In light of the foregoing, the crime place of the instant case was the place where the passage of people and vehicles was frequent in the event of explosion, and the crime time was the place where the vehicle was committed. Therefore, the act of shot gas in the said place was an act that may cause danger to human life, body, or property by shocking people or vehicles. The Defendant asserted that he/she tried to appeal for one’s suppression after the people’s removal of shot gas by burning a large amount of noise. In light of the foregoing, it is determined that the Defendant was sufficiently aware that there were materials with considerable explosion, and that there was a person or vehicle travelling around the place where the crime was committed. Accordingly, the Defendant’s assertion is rejected.

1. The legal applicable range of sentencing

Imprisonment with prison labor for not less than six months but not more than 15 years;

2. The sentencing criteria do not apply to the attempted crimes of the military except for non-applicable murder crimes in the sentencing criteria, since the sentencing criteria are not established.

3. Determination of sentence: The crime of this case for one year of suspended execution in a six-month period is committed by the Defendant, who committed the crime of this case at the Prosecutor’s Office, with the Defendant’s complaint against the instant case at the Prosecutor’s Office, and the nature of the crime is not good in light of the circumstances leading up to the crime. Such circumstances are the circumstances unfavorable to the Defendant. The Defendant committed an attempted crime, and thus, did not actually cause damage due to explosion. The Defendant is generally recognized as a substitute, and the Defendant is against the fact that he/she caused bodily harm by his/her own act. These circumstances are the most old and is not good. Such circumstances are favorable to the Defendant. Such circumstances are the circumstances favorable to the Defendant. In addition, the sentence shall be determined by comprehensively taking into account all sentencing factors, such as the Defendant’s age, character and behavior, motive

Opinions of the jury's verdict and sentencing (seven jurors)

1. Results of a verdict of guilt or innocence;

○ Opinions of guilt: Seven jurors (many)

2. Opinions on sentencing

One year of suspended execution for three months of imprisonment: Four jurors.

The two years of suspended execution for six months of imprisonment: The case is judged as ordered through a participatory trial according to the defendant's wishes for at least three jurors.

The presiding judge, the highest judge;

Judges Gin-type money

Judges Shin Jae-ho