현주건조물방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant did not intentionally commit a fire to a house used by a victimized person as a residence.
Nevertheless, the court below held that the defendant had intention to prevent fire.
In the judgment of the court below, the defendant was guilty of the crime of fire prevention of the present building of this case, which is erroneous in the misapprehension of facts and affected the judgment.
B. The sentencing of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.
2. Determination:
A. The lower court’s determination as to the assertion of mistake of fact may be based on the evidence duly adopted and investigated, namely, the following circumstances: (i) whether the victim would not mislead the Defendant of tobacco before the Defendant committed the instant crime;
It also prepared gasoline in the house to do fire.
“A police officer, upon receipt of a victim’s report, listened to the purport that the Defendant “I am with the sound that I am well as the sound that I am.” Furthermore, the Defendant instructed the victim to report 119 of the sound that I am out of the flooder machine, and immediately following the instant crime, the Defendant arrested the Defendant as an flagrant offender and “I am.”
There has been no domestic violence.
B. The Defendant appears to have stated “Ahhhh.,” and ② the Defendant alleged that the Defendant’s residence of the victim was boomed by lowering the knife tobacco flue to the string floor of gasoline, but it is difficult to believe the Defendant’s knife as it is when considering the circumstances, such as that the Defendant’s knife cannot be seen on the part of the Defendant’s hand, and that the Defendant did not receive treatment of the knife, and ③ even according to the Defendant’s assertion, the Defendant puts the knife in order to put the knife in the Defendant’s house with the 5-liter of gasoline in a flue room, and as a result, knife is attached to gasoline by his own act.