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(영문) 부산고등법원 2014.09.17 2014노98
일반건조물방화등
Text

The judgment of the court below is reversed.

The defendant shall notify the summary of this judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. There is no motive for a fire as stated in the facts charged, and there is no fact that the Defendant was aware of the occurrence of a fire in a flag or a nearby fire source, etc. by a flag who was diving within the Defendant’s flag on the day of the instant case.

B. The sentence of imprisonment (two years and six months of imprisonment) against the Defendant by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant: (a) the Defendant: (a) the Defendant: (a) the Defendant was in the name of Co., Ltd. D (hereinafter referred to as “D”) in Busan Gangseo-gu; (b) the victim F was in the trade name of “G” in the said 204 Dong; (c) the victim H was in the trade name of “I” in the said 206 Dong from the said 206 Dong (hereinafter referred to as “I”); (d) the victim J was in the absence of a mutual name in the said 207 Dong; (b) the victim K was in the said 208 Dong with “L”; (c) the victim M was in the said 210 Dong Dong and 211 Dong dong 20; and (c) the Defendant and the victims were in the instant Do 211 Dong Do 211, respectively.

While the Defendant worked as D’s managing director from the end of the end of 2010 to the beginning of the beginning of 2011, there were many disputes between the enforcement branch and the N in connection with D’s operation. At the time of August 6, 2010, the Defendant was assaulted by N in dispute with D’s representative director K, the former representative director N in the dispute with D’s representative director, and other shareholders, including D’s total director F, the victim F, and the victim M, etc., who were not good for the so-called “Whh”, followed the Defendant’s vinyl.

around 01:50 on January 31, 2012, the Defendant was prepared in advance from the “G” source to the “G” source of the victim F’s operation in the above 204 Dong to the infertility in the above 211 Dong.

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