beta
(영문) 광주고등법원 2020.04.09 2019노433

일반건조물방화등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentencing of the court below is too inappropriate.

The Defendant withdrawn misunderstanding of facts on the third trial date of this Court.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

In the trial of the party, the prosecutor applied for the modification of the indictment with the facts charged concerning the prevention of general buildings and fire as stated below (the reasons for the judgment in multiple times) and this court approved it, and the subject of the judgment in this part was changed.

This part of the crime and the rest of the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced, so the judgment of the court below can no longer be maintained.

3. As seen above, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal as above, and the following is again decided after pleading

【Reasons for the Judgment of the court below which has been written] Criminal facts and summary of the evidence, and summary of the facts constituting a crime recognized by the court of this court, shall be cited in accordance with Article 369 of the Criminal Procedure Act, unless the facts constituting a crime of the court below stated "market price" in paragraph (1) of the facts constituting a crime of the court below as "presumed price for submitting victims" respectively.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 166 (1) of the Criminal Act (the occupation of general buildings and fire prevention), Articles 352 and 347 (1) of the Criminal Act (the attempted crime of fraud and the choice of imprisonment);

1. Among concurrent crimes, each of the crimes of this case is a reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Punishment to the extent that the punishment is added up to the maximum term of each of the crimes above) of the Criminal Act among concurrent crimes. Each of the crimes of this case belongs to a general structure for the purpose of receiving large amount of insurance money.