현존건조물방화치사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for 16 years.
One color lids of the seized oil lids (e.g., increased.).
1. Summary of grounds for appeal;
A. In fact, the Defendant, after dusting gasoline on the factory floor, machinery, etc., caused the death of the victim by burning the inside of the factory by putting it out of the factory, but did not correct the entrance door of the factory so that the victim, as stated in the facts of crime, does not leave the factory.
Nevertheless, the defendant corrected the factory entrance.
The judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.
B. The sentence sentenced by the lower court (18 years of imprisonment, confiscation) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant posted a fire to the Defendant and corrected the entrance to murdered the victim out of the factory.
The judgment of the court below which determined the seal is just, and there is no error of mistake as to the facts alleged by the defendant.
① The entrance connecting the factory and the office, which is the place of the instant crime, is not automatically set up when the door is closed, but is built of a knife door from the outside of the factory, thereby locking the lock door. If the above entrance is temporarily set up from the outside of the factory, the door cannot be opened without keys inside the factory.
In light of the structure of the above entrance and the situation before and after the crime of this case, there is little possibility that the above entrance could be temporarily set off due to the close of the entrance as the defendant was immediately out of the site in the presence of his body.
② The victim explained the circumstances of the instant case to the family members of the victim on the day of the instant crime, and had a glass window locked with the door.
“(Evidence No. 182 pages)” and “The Ka Center president was aground for the body of the body of the Ka Center, standing gasoline.”
The door shall be free to thrown away.