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(영문) 서울고등법원 2013.08.30 2013노1467
일반자동차방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The sentencing of the lower court on the Defendant (four years of imprisonment) is too unreasonable.

2. A fire-fighting crime is a crime that is highly likely to violate public safety and peace in that it may cause damage to large-scale human life or property by fire around time.

In the instant case, the fire caused by the Defendant’s fire, and eventually, the office of F (hereinafter “F”) and 38 buses, etc. were transferred, causing property damage equivalent to approximately KRW 2.5 billion to F. During that process, the fuel tank inside the bus has been explosiond annually, causing serious danger to the lives and safety of nearby players and residents.

When the Defendant was unfairly dismissed from F and drafted a written agreement on “the receipt of retirement allowances” with F (hereinafter referred to as the “instant agreement”), there is room to interpret F as “the Defendant consented to retirement,” and the Defendant stated that the instant agreement would make it impossible for the Defendant to be reinstated in the future due to his own mind, and that his defense counsel also emphasizes this point.

However, the dismissal, whether it is unfair, and whether the restoration of the defendant is possible, should be resolved through a legitimate procedure in place in the system, and private retaliation and response should not be taken in an illegal way.

The crime of this case cannot be justified in that the defendant committed the crime of this case in the sense that the crime of this case not only caused serious danger to another person's life and property but also caused substantial damage to the victim F by means of blocking the crime of this case by displaying labor that the defendant's restoration would be impossible by disregarding the legal system.

Furthermore, the Defendant did not recover from the damage suffered by F.

Furthermore, the defendant.

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