2018Gohap88 Modern Building and Fire, etc. (The name of recognized crime: the existing building or fire, etc.);

The name of the crime resulting from fire to the present building (the name of the crime recognized: the injury to the present building or fire);

thief, residential intrusion (the name of a crime: Intrusion upon a structure), and night-time vessel intrusion;

Larceny, Intrusion into a ship

Escop A (63 - 1), crew members

November 29, 2018

Text

A defendant shall be punished by imprisonment for life.

A seized Raz. (No. 3) shall be confiscated.

Criminal facts

From 2008 to 2008, the Defendant frequently used the “○○ club operation” of the pre-victimed in the Si of Gun.

person who had been a previous victim and has been engaged in drinking in several times on credit from the above club since several years;

The drinking value that should be repaid had to remain, and the entire order of the victim was the same as the defendant was at the time.

In the event of interference with the business, such as dysing off the fying of drinking, part of the alcoholic beverage to the defendant

There was no good appraisal due to the failure to provide it.

While the above situation is continuing, the Defendant is a prior to around 16, 2018, and the issue of credit value, etc. on June 16, 2018

On the other hand, as a result of the dispute, he thought that he did not go to the club, and thought that he did not go to the club.

1. Larceny and intrusion upon a structure;

Defendant on June 17, 2018: around 00, affairs of the Gindo Gindo fishery village fraternity, located in the Gunsan-si around 00.

In front of the room, after intrusion into the above office through the entrance, the above ○ club is not put into the room.

the market price managed by the victim Kim ○-jin in the above office in mind of use;

One alleinium, two large plastic bags, and newspaper papers, which were stolen.

2. Larceny and intrusion on board;

On June 17, 2018: A victim who is anchored at a military mountain port located in the Gunsan-dong around 09.

In order to use the above ○○ club upon intrusion on the “Macho Lake-ho,” and then to use it for the foregoing ○ club.

The victim's market value of the ship 14,00 won and 20% which contain gasoline in the victim's possession

In addition, only one gasoline has been used as a lux and the theft has been used.

3. Making fire-prevention of existing buildings, and causing death or injury to existing buildings;

On June 17, 2018, 2018: Around 53, the Defendant is running in front of the above ○○ club, a single-story building located in the Gunsan-si.

r. First, it is confirmed that many people in the roadside have entered the club and that they have entered the club, and the period of Paragraph 1.

In order to be used for fire prevention, such as South Korea, there is a way for the first way the large alinium, which is prepared in advance.

Of the entrances, the door shall be put up only on the left close, and shall be bound by plastic bags by putting it up only on the 'cream' hand.

c) enter the relevant club with gasolines prepared in advance as described in paragraph 2, and enter the club;

After unloading on the inside of the door, in which gasolines are charged to the bottom by breaking it with a light:

In other words, it shall be attached to the place of cremation and newspaper in which he was holding outside the above entrance.

The right side of the entrance shall be set up in such a way as to be set up to the inside of the entrance, and the right side of the entrance;

The 'c' type 'c' 'c' which is likely to be closed, put the above Aluminium in 'c', and then put them in plastic bags.

Persons in the club may open entrances and prevent them from leaving the club by putting them together.

was made.

The Defendant gets on the wall, floor, etc. inside the instant club in a flusium in a flusing manner;

The cost of restoring a building with respect to which a person exists by making it spread to the total floor area of the above club (238 02m).

approximately 54, 924, 000 won shall be destroyed to ensure that the building is equivalent to approximately 54, 924, and accordingly, poisonous gas, heat, etc. to the entire building.

Victim Kim○-nam (57 years of age) who was in the above club due to their spread, and consciousnesss by inhaleing poisonous gases, etc.

23: Fire due to a fire at around 25:

A list of crimes in attached Form I in the same manner, including death caused by carbon poisoning addiction, etc.

(E) At the same time, the full-time five victims (e.g., women, 55 years of age) die and at the same time the victims are all victims.

A list of crimes in the attached Form, such as taking the inhaledth of carbon in the number of days of the fee, waste collecting, brush images, etc.

As shown in II, 29 persons were injured by a total of 29 persons.

4. Night-time theft of vessel;

On June 17, 2018: A victim who is anchored at a military mountain port located in the Gunsan-dong around 03:03

In the case of ‘lun uniform' owned by the Seo-do Uniform, one's clothes during the process of breaking as described in paragraph (3).

In the event of Dolurging, the Dolurget was intruded into the above vessel in order to enter the clothes, and is located in the crew room.

(1) A theft by suffering from one studio and one national defense colorer in the city under the control of the victim.

was made.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by each prosecutor's office on the order of the preceding 0th and second 00 persons;

1. An office of ○○, an office of ○, an office of ○, an office of ○, an office of ○○, an office of ○○, an invoice, an office of ○○, Kim○, a maximum ○, an office of Ma○, an office of Ma○, and an office of Ma○○,

○ Young-young, west-do, Yangwon, Kim ○, Jin-○, Jin-Jon, ○○○, Kim Jong-jin, Kim○-ho, Kim Jong-ho, leapon, and heart interest;

Ma○-gu, Lee ○-gun-ho, Lee ○-ho, Lee ○-il, Gu ○-O, Kim ○-O, Lee Jin-jin, Lee ○-il, Park ○-il, and Article 8

Each police protocol against ○○ and Kim Jong-Nam

1. A medical certificate of death, a report on the results of the investigation of dead bodies, a written result of the examination of dead bodies, a written report on the examination of dead bodies, a written request for appraisal, or a postmortem photo

1. Each medical certificate, medical opinion, medical opinion, and reply;

1. Protocols of seizure, lists of seizure, and photographs of seized articles;

1. On-site inspection reports, on-site inspection results in a fire accident, on-site inspection reports, on-site inspection reports, legal chemical appraisal reports, and suspend owners;

A photographer (14 copies) of a building or fire-prevention site (14 copies), and a drawing of the place of occurrence;

1. Investigation report (related to the verification of CCTV images on a suspect's escape ground) and investigation report (in cases of gasoline theft, CCTVs);

[Attachment] In the investigation report (a CCTV verification for a suspect escape after committing a crime), investigation report (a confirmation of CCTV at the scene of a crime);

and photographs attached thereto), investigation report (verification, etc. of seals purchased by the suspect), investigation report (suspects and fire prevention)

Confirmation, etc. of used articles)

Application of Statutes

1. Relevant Articles of criminal facts;

The latter part of Article 164(2) of the Criminal Code, Article 164(1) of the Criminal Code (the point of causing fire to each existing structure), Article 164 of the Criminal Code

The first part of paragraph 2, paragraph 1 (a) (a point of causing harm to each existing structure or fire), Article 330 of the Criminal Act (a point of night-time vessel intrusion theft);

Article 329 of each Criminal Act (a thief) and Article 319 (1) of each Criminal Act (a thiefing of buildings and a ship)

1. Competition;

Articles 40 and 50 of the Criminal Code (the crimes of causing death or injury to each existing structure and fire)

Punishment and punishment shall be imposed on the number of victims who are the largest of the punishment, resulting in death or injury to the existing structure.

(2). (3)

1. Selection of penalty;

In regard to the crime of death or injury to existing buildings, the crime of life choice, theft, intrusion upon residence, and intrusion upon ship;

Determination of Imprisonment for each Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 1, and 50 of the Criminal Act.

Inasmuch as life imprisonment was selected for the crime of death, another punishment shall not be imposed.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of legal applicable sentences: Imprisonment for life;

2. Scope of recommended sentences according to the sentencing criteria; and

Each of the crimes of this case against which the sentencing criteria are set is concurrent crimes, and each existing building or fire is established among them.

Since the crime of death and bodily injury resulting from existing buildings and the crime of causing bodily injury are in an ordinary competition relationship, the sentencing criteria are conceptual concurrences.

Since there is no separate handling method against the crime, this case does not present the sentencing criteria.

It is difficult, however, to refer appropriately to the sentencing guidelines, so it is necessary to refer appropriately to them.

The sentencing period for the crime of causing death or injury to existing buildings, the recommended punishment according to the sentencing guidelines among each crime is the largest.

It is to refer to the lower limit of a quasi-recommendationing recommendation.

[Determination of Type] Fire Prevention No. 3

Death (Death or injury caused by homicide)

[Special Contributors] Aggravations: In the event that a large number of harm to human life is caused, the motive for the crime that may be criticized.

Reduction Elements: Self-denunciation

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than 15 years or imprisonment for life

3. Determination of sentence: Imprisonment for life;

A. Legal principles on the determination of whether to sentence a death penalty

The death penalty is a very cold punishment of deprivation of human life itself, and a life-sustaining country.

In light of the fact that it is an extremely exceptional punishment that can be presented by a dual judicial system, death penalty;

sentence may be justified in the light of the degree of responsibility for the crime and the purpose of the penalty.

Where, in special circumstances, objective circumstances to be recognized exist;

In the case of a sentence of death penalty, the provisions of Article 51 of the Criminal Act shall be applicable.

The age, occupation and career of the offender, character and conduct, intelligence, educational degree, growth process, family relationship, and previous offense.

existence of such act, relationship with the victim, motive for the commission of the act, existence of a prior plan, degree of preparation, means and method;

The degree of cruel and badness, the gravity of the result, the number of victims and the appraisal of damage, the depth and attitude after the crime.

Do. All the conditions for sentencing, such as the existence of reflective and book, the degree of damage recovery, and the fear of re-offending, etc.

Only after thorough deliberation of the matters and clearly stating the special circumstances mentioned above

A decision shall be made on whether to choose a sentence (see Supreme Court Decision 2006Do354 delivered on March 24, 2006, etc.),

To this end, the court must take into account the sentencing conditions shown in the records only in a flat area.

further, the defendant's subjective sentencing factors, such as character and conduct, environment, intelligence, and risk of recidivism;

The possibility of improvement and edification, etc. shall be secured with objective materials to examine the possibility of improvement and edification, and through such objective selection

We must examine whether or not (see Supreme Court Decision 2007Do2900 delivered on June 15, 2007, etc.).

B. Determination

When a human life is infringed only once it is absolute that no one can infringe without permission.

Since it is impossible to recover damage in any way, it intentionally infringes on the life of another person.

An act cannot be used as an anti-humanistic act or anti-social act, regardless of the reason.

The crime of this case was extremely likely to have a dispute between the main operator and the credit value of the defendant.

Fire-prevention tools, such as reporters prepared in advance for many people's use on a minor ground;

and 29 victims of a total number of 5 victims who died and were able to do so by using gasoline.

There was a harsh result, such as he suffers from severe injury, and the nature of the crime is extremely bad.

The defendant, for the purpose of fire prevention, was prepared in advance for a gater, newspaper site, gasoline, etc., as well as a child.

Narar (in the process, intruded another person's structure or ship and stolen an article);

Then, after confirming that there are many people in the State, the gasoline is fluored:

It shall be placed at the main entrance (fixed door) knife Aluminium which has been prepared in advance, and shall be plastic bags.

The defendant could not get out of the main office through the entrance.

In light of the process and method of the crime committed by the defendant, the defendant of the case is contingent.

It cannot be deemed that the Defendant committed a crime. Rather, the Defendant has already committed a large number of crimes inside the main points.

It is thought that even though it is well aware that there is a customer, it is no superior even if the customer dies or is dead.

After doing so, the victims have prevented the victims from escape as above, and the defendants have many persons.

It is reasonable to view that the crime was committed with the intent to kill.

In addition, the defendant committed the crime of this case due to the business owner and dispute due to the credit rating problem.

c. Even if the defendant's statement is based on the defendant's statement, the above credit value is merely 300,000 won.

(1) The motive of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

The possibility of performance criticism is also significant to the extent that it can not be eliminated.

At the time, the place where the defendant was suffering is the main entrance of the main point, and it is not the door, but the door, other than the door.

A small fire at the time, even if there was another exit out of the main place;

due to the occurrence of a difference between the owners or employees of the State at a rapid speed and the postponement thereof inside the State;

It is not easy to withdraw measures such as inducing customers to evacuate through the exit.

Because of the fact that the victims were faced with the situation that it was impossible for them to escape from their own account.

F. The fear and pain suffered by the victims in the course cannot be expressed in any speech.

It appears that the road has been extremely serious (the victims who actually attended this court shall be present at the time of such attendance).

Seriously, it stated that physical and mental suffering suffered from it was born.

Most victims are the defendants and persons who do not have a common sense with the defendant, neighbors or geographical persons, etc.

In the middle of having a meeting, the victim of the crime of self-prevention was killed or wounded seriously.

C. The bereaved family members of the victims who died due to the Defendant’s commission of the crime shall be a family member with love for one day.

They have lost, and they are living a day due to unreparable loss and divershys;

The victims who suffered from an injury due to the Defendant’s crime also face, face, instrument, and waste.

with serious injury on the main parts of the body such as, and with a video chest, respiratory or chronic disorder;

Physical and mental distress due to after-the-counter stress, etc. for a lifelong or considerable period of time;

It seems that we need to live after suffering from the pain.

Family members of the deceased victims and the victims of injury and their families shall be the defendant.

The people feel extreme decentralization and want to put the defendant to the strict punishment. The forum is that the people feel decentralization.

After committing the instant crime, the Defendant committed the instant crime to the victims, their bereaved families and families until now.

No effort is made to seek a letter or compensate by petition, and the case of the defendant

In light of the circumstances, it seems difficult to recover damage in the future.

The above defendant's motive for committing the crime, the means and methods of committing the crime, the degree of damage, and the circumstances after committing the crime.

In addition, there shall be no victims who have been detained for the same crime as in this case.

In full view of the general preventive necessity, the prosecutor shall seek the death penalty against the defendant.

There is a consensus with respect to the punishment.

On the other hand, the following circumstances are also considered in determining the sentencing of the Defendant.

The Defendant shall be deemed to have committed all crimes from the beginning of the investigation to the date of this court, and the Defendant shall be deemed to have committed well.

In addition, the defendant, on June 18, 2018, is the day following the crime.

In accordance with the solicitation of ○○, the police reported it to the police through ○○, and self-denunciation was 2).

In 194 prior to the commission of the instant crime, the Defendant shall be punished by imprisonment with prison labor for one year and in 1995.

A variety of crimes, including interference with execution of punishment, sentenced to imprisonment for not less than eight months, and sentenced twice;

Although criminal punishment has the history of criminal punishment for each time, the criminal records of the above punishment are all from the crime of this case.

Before 20 years of imprisonment, 8 years of imprisonment with prison labor due to the previous convictions of the above two times and the crime of causing property damage in 191.

A relatively minor fine shall be imposed on both the previous convictions except a suspended sentence of one year in a month.

and the defendant has no record of being punished for the same kind of fire-prevention crime.

The Defendant, from around 2009, before committing the instant crime, from around 2009, cerebral typosis, alznosis, alza

Results of clinical psychology assessment on the defendant, after having been hospitalized several times due to brain diseases, such as sick, etc.

according to the foregoing, the Defendant’s time and the head due to brain diseases and drinking for a long time.

In the event of a decline in the remaining forces of the action, the recognition, the concentration of caution, the burgical, the burgical function3), etc. of the action are somewhat lowered.

As such, the defendant's unstable mind does not affect the crime of this case.

The former seems to have gone through the process.

In such circumstances, life imprisonment is not deprived of the defendant's life, but is from society.

Relevant laws, such as Article 72(1) of the Criminal Act, etc., are very serious penalties, whose content is the smooth isolation of the military court.

A parole may be granted to a person who has been sentenced to imprisonment for life and for whom twenty years have elapsed from among the convicts sentenced to imprisonment for life.

There is a provision that parole shall be granted, but the parole shall be granted in addition to the period of punishment, such as the form of imprisonment and the risk of recidivism.

as a decision is made through a separate review of the parole review committee, a decision is made at the stage of sentence enforcement after the judgment.

It is sufficient to view life imprisonment as the same as the de facto limited imprisonment solely on the basis of the possibility of release.

It is inappropriate to grant parole even if parole is made at the stage of execution of the sentence.

In light of the minimum period of imprisonment for life, at the time that the release of the accused would be possible.

the defendant's age is 75 years of age, and the degree of harm to society is substantial.

Taking into account the fact that the defendant appears to be liquidated, the defendant in this case shall be sentenced to the death penalty.

that there is an objective circumstance to acknowledge even if any person is justified.

It is difficult to readily conclude.

Therefore, the defendant rather than sentencing a death penalty to deprive the defendant of his/her life.

Prevention of recidivism and protection of society from serious crimes by completely isolation from society;

At the same time, the defendant's mistake is true and damaged through a prison life.

It is judged reasonable to allow people to live with a mind to commit a crime.

for the same reasons as above, the defendant shall be sentenced to life imprisonment and shall be sentenced as ordered.

of this section.

The presiding judge shall transfer a judge to another judge

For judge Lee Woo

Judges, Cho Jin-jin

1) The instant structure constitutes not residential but existing buildings, not residential, which are the main building.

2) As regards a self-denunciation, a court is merely able to voluntarily reduce the punishment (Article 52(1) of the Criminal Act) and must be naturally mitigated.

(See Supreme Court Decision 92Do962 delivered on August 14, 1992).

3) Functions necessary for basic sports functions, implementation functions, social judgment ability, planning-oriented functions, and decision-making functions.

4) However, it is difficult to enforce the death penalty for a considerable period of time in Korea, on the other hand, because the death penalty has not been executed for a certain period of time in Korea.

(1) The value of life, human dignity, at the same time as our society and its members secure the safety of society and its members

In light of the need to declare the principle that our society does not release tolerance for infringing activities, parole shall be granted.

It seems that serious social discussions on the introduction of impossible life sentence have reached the point of time.

5) Not Owise Spec. hereinafter the same shall apply)

6) The indictment is written as ‘fixed', but it seems to be written in writing.

A person shall be appointed.