2015 Gohap316 Dried vessels

A (83 years, South Korea), other

No. 500,000,000

Attorney Cho Jae-chul (Korean Charter)

November 2015 20.

A defendant shall be punished by imprisonment for two years.

Seized Rab (No. 1) (No. 1) shall be confiscated.

Facts of crime

피고인은 2014 . 10 . 경부터 울산 울주군 강양항에서 선적하고 있는 선주 B 소유의 ▼ ▼호에 승선하여 조업을 하던 중 , 2015 . 9 . 23 . 경 위 B로부터 추석 상여금 명목으로 100만 원 상당을 받을 것으로 기대하였으나 10만 원만 지급받게 되어 위 B에게 ' 가불 금 명목으로 50만 원을 더 지급해 달라 ' 고 요구하였으나 이를 거절당하게 되자 앙심을 품게 되었다 .

그 후 피고인은 2015 . 9 . 27 . 20 : 58경 울산 남구 장생포항에 정박 중인 위 ▼▼호에 이르러 조타실 출입구에 설치되어 있는 시정 장치에 평소 알고 있던 비밀번호를 입력 하고 조타실 안으로 침입한 다음 소지하고 있던 일회용 라이터 ( 증 제1호 ) 로 그곳에 있 던 헝겊에 불을 붙여 바닥에 놓음으로써 조타실 및 선원침실이 있는 기관실 상부에 불 이 붙게 하여 수리비 약 1억 원 상당이 들도록 이를 소훼하였다 .

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 Imprisonment)

1. Discretionary mitigation;

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 Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

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

[Scope of Recommendation Form]

General Criteria Form 1 (Setting fire to residential buildings, etc., and fire to public buildings, etc.) A Basic Area

(2 to 5 years)

【Special Convicted Persons】

None

3. Determination of sentence;

The crime of this case is committed by setting fire to a damaged ship used as a residence by the crew on the ground that the defendant did not pay the wages of the victimized ship owner, and the fact that the above ship causes enormous damage to a considerable portion of the ship, and that the damage from fire is not completely recovered, etc. are disadvantageous to the defendant.

However, considering the fact that the defendant recognized his own crime and is in profoundly against the defendant, that there was no actual occurrence of human life damage caused by the crime of this case and that the damaged ship was not prior to the transfer of the damaged ship, that the defendant committed the crime of this case somewhat contingently and contingently in the state of drinking, that there was no criminal record nor criminal records of punishment, and that there was no other criminal records of punishment, the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the application of sentencing guidelines of the Sentencing Commission shall be determined as ordered.

The number of judges in the presiding judge

Judges Choi Jae-won

Judges Choi Min-young