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(영문) 광주고등법원 (전주) 2018.05.29 2017노255

현존건조물방화

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not look at the victim’s house and did not find the victim, but did not look at the victim’s previous work from the victim before before, and did not have prepared for the prevention of fire as he was in possession of for smoking in the usual hall, and the Defendant did not prepare for the prevention of fire.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of facts, namely, ① the Defendant was in a state of mental and physical weakness at the lower court

In addition to the assertion, all of the facts of the crime of this case, and the summary of the criminal facts in the judgment of the court below convicting the defendant guilty is that the defendant destroyed the above house with a dog that had been prepared to do so for the time when the defendant resides in the house of this case, and there was an intention to prevent fire in the house of the victim, and it was not that the defendant, in itself, had sought the victim for the purpose of finding fire or prepared a one-time dog for the purpose of making fire. ③ The defendant, in an investigative agency, "I want to return to the victim's house, and I want to write down waste and water again, and we should see that the waste and water were stored in the house of this case, and if the defendant stated in the judgment of the court below that he had prepared for the house of this case with a dog that he had been prepared to do so with a son who had been prepared to do so, it was written in advance with the evidence of this case (the evidence of this case).