beta
(영문) 광주고등법원 2018.07.05 2018노145

일반물건방화등

Text

The judgment of the court below is reversed.

The punishment against the defendant shall be six months of imprisonment with prison labor for each crime of paragraph (1) of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (each of the crimes in paragraph 1 of the judgment below: imprisonment with prison labor for one year and 2-B and 2-3 of the judgment below)

paragraphs 2, 2-D.1)

Each crime under subsection (d) of this section: Imprisonment for a period of four months, and No. 2-A. 2-D.2 of the ruling

The crimes of paragraphs 2 and 2-e. Imprisonment with prison labor for 10 months) are too unreasonable.

2. The Defendant: (a) destroyed the Victim D’s solid water owned by the victim; and (b) destroyed the caps installed on the Victim H’s house wall to the effect that the Defendant destroyed the glarg.

In addition, the defendant sent correspondence to the victim J

The court received a provisional protective order and a protective order from the court to the victimJ for telecommunication, etc., but sent 16 times in violation of this order a text message to the victimJ on the victim’s abusiveation and intimidation. Even when the court received a provisional protective order to leave the victimJ’s residence, the court did not leave the above residence in violation of this order.

B. While the Defendant was issued a victim protective order that he would not temporarily access the victimJ’s temporary address by the court, the Defendant accessed the temporary site of the victimJ two times in violation of this order. The Defendant prepared a fire-fighting crime by having five chronological diseases, which caused inflammable substances, and having five chronological diseases, which were parked in the vicinity of the said temporary site, as a vehicle owned by the victimJ.

The defendant has refused to comply with the victim J's demand from the victim J to leave the victim J's residence for two times.

In light of the fact that the crime was committed in light of the background and method of the crime, the frequency of the crime, etc., the victims did not receive a written indictment until this court, and each crime under paragraph (2) of the judgment of the court below committed against the victim J, it is necessary to punish the defendant strictly.

However, the defendant recognized all facts charged in this court and repented the wrong facts in depth, and the crime of fire prevention and damage of property is committed.