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(영문) 서울북부지방법원 2019.09.26 2019노1061

현존건조물방화예비등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

As to the part of Paragraph 1 of Paragraph 2 of the decision of the court below in misunderstanding of facts, there is no fact that the defendant either saw as stated in this part of the facts charged, or threatened the victim B.

As to the part of Paragraph 2 of the holding of the court below, the defendant recognized the fact that the victim E’s face was damaged as a result of a test plastic bed with plastic bed with a plastic bed with his hand, but there was no disease in favor of the defendant, and there was no dangerous thing that the defendant did not have a knife with his knife.

The defendant in paragraph (3) of the judgment of the court below is merely a front of B's house, which contains emulsion, which is found on the lower floor below the house of B, in order to put fright to B, and did not actually commit a fire.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and investigated at the court below's decision on the argument of mistake of facts in regard to the part 1 and 2 of the decision of the court below, namely, ① the victims have made a specific and consistent statement in an investigative agency and court of the court below as to the circumstances and contents of each damage; ② the victim B reported the defendant to the defendant at 112 around the date of the crime as stated in paragraph (1) of the decision of the court below; although the police officer was called to the scene, the victim B was called to the scene, but the police officer went to the scene; even according to the defendant's statement, the police officer returned to the scene; and even according to the defendant's statement, the defendant was in compliance with the victim B's statement; ③ the crime as stated in paragraph (2) of the decision of the court below, the defendant also recognized the facts when the victim E was a victim; ② the victim E was abused from the defendant; and the victim B and B made the defendant knk kn's kn's k.