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(영문) 대구고등법원 2017.09.21 2017노337
일반건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

In light of the summary of the grounds for appeal in this case, the punishment sentenced by the court below (three years of imprisonment) is too unreasonable (the defendant's grounds for appeal) in light of the various sentencing conditions in this case (the defendant's act of preventing general buildings and fire on January 17, 2017). The defendant argued that the defendant's act of causing excessive damage to the ground for appeal was too abstract, and that it did not intentionally cause a fire. However, the defendant withdrawn the above argument to the purport that the mistake of facts was asserted at the first trial date in the first trial of the court, but it did not constitute an illegal appeal on the grounds of appeal. The above argument of mistake cannot be a legitimate ground for appeal, and even after ex officio examination, there was an error of law by mistake of facts as pointed out by the defendant in the judgment below.

In light of the various sentencing conditions in the instant case, it does not seem that the Defendant appeared to have been aware of and against the time of the instant crime, and the fact that there was no loss of human life due to the fire prevention of the instant crime, the amount of damage caused by the Defendant’s stolen objects is relatively large due to food, etc., there are circumstances that may be somewhat considered in the process of the instant crime in order to seek the basic life scams, and the victim I, J, and K do not want the Defendant’s punishment.

Meanwhile, the crime of this case was committed by the Defendant by setting fire to D’s plastic houses and F’s construction sections by setting fire to the Defendant, and then destroying the steel door door owned by the victim F and the glass door owned by the victim victim H with the name of the dangerous object, and theft of the victim’s house for 16 times, including theft of the victim’s house and theft of the victim’s house for 16 times. The crime of this case was committed in light of the background and method of the crime, the number of times, and the relationship between the Defendant and the victims, etc., and the crime is not committed.

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