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(영문) 부산고등법원 2013.05.08 2012노718

일반건조물방화등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (three years of imprisonment) declared by the court below is too unreasonable for the defendant, and the prosecutor asserts that it is too uneased and unreasonable for the prosecutor.

2. The fire-fighting crime of this case was committed against a cargo driver who does not participate in the strike in order to maximize the strike effects of the C organization. The act of fire-fighting in this case was committed in a planned and sealed manner, such as, in order to avoid water death, the act was committed in a place without CCTV by systematically sharing a role, and the act was committed in preparation for a largephone and a large-scale vehicle, and then the large-scale vehicle was imprisoned, and then the damaged vehicle was 20 vehicles, and the damage was committed against a large amount of 1.16.7 billion won in direct material damage, and the damage was committed against a large amount of 1.6.7 billion won in direct material damage, and as a major means of living with a cargo vehicle. Since there was a person who has been diving within the damaged vehicle at the time of the crime of this case, it was clear that the damaged vehicle was damaged by the date of human life damage, the reality of the cargo driver's difficulty and the purpose of the business of the C organization's business.

Even if illegal and violent acts such as the instant fire-prevention act cannot be permitted, and the instant fire-prevention act led by the Ulsan District Department of the Ulsan District Department, and the Defendant is in the position to make the final responsibility as the head of the branch, and the Defendant commits the crime of refusing collective transportation by C organization from June 28, 201 to April 13, 2009, and interfering with business affairs, and even if he had been sentenced to two years of imprisonment with prison labor for the year of suspension of execution on October 28, 2010, he/she again commits each of the instant crimes during the suspension of execution, it is deemed inevitable to punish the Defendant.

However, considering the fact that the defendant reflects his mistake and the reality of cargo drivers who are in the position of the socially weak, the motive of the fire prevention of this case is to be taken into account.