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(영문) 부산고등법원 2014.10.02 2014노468

현주건조물방화예비등

Text

The judgment below

The acquittal portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

provided that this ruling has become final and conclusive.

Reasons

1. According to the records of this court, the prosecutor prosecuted the defendant for each of the main building, fire prevention reserve and assault, and the court below ruled the defendant not guilty and dismissed the prosecution as to the crime of assault.

In this regard, the defendant did not appeal and only the prosecutor filed an appeal on the grounds of mistake of facts against the acquittal portion.

Therefore, the part of the dismissal of the above public prosecution which was not appealed by the defendant and the public prosecutor is separated and confirmed by the expiration of the appeal period, and the scope of this court's trial is limited to the part of the above acquittal among the judgment below, and this part is

2. According to the summary of the grounds for appeal (not guilty part of the judgment of the court below) by the prosecutor, the defendant tried to spawn the gasoline necessary for fire prevention with C, etc. at the time of spawning the body and method of the defendant's body and to set fire, but did not attach C's embankment.

Nevertheless, the court below accepted the defendant's change of suit that was for the purpose of frighting, and sentenced the defendant not guilty of this part of the facts charged on the ground that the defendant had no intention to commit a fire. Thus, the court below erred by misunderstanding facts, which affected the conclusion

3. Determination

A. The summary of this part of the facts charged is as follows: (a) around 17:20 on March 20, 2014, the Defendant: (b) in Busan Northern-gu, 401 (FL) living together with C and Makman D, and (c) in the original inquiry, the Defendant had the mind that D’s 112 report was defective; (b) in order to keep the fluor by spraying the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s flu