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(영문) 광주고등법원 2018.05.24 2018노24
현주건조물방화미수등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

A seized Raz (No. 1).

Reasons

1. Before the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal, and the prosecutor applied for amendments to the indictment to prevent the present main building as the primary charge, and applied for the preliminary charge to add the charges for the prevention of fire to the present main building. Since the object of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any more.

However, despite the above reasons for reversal of authority, the prosecutor's argument of misunderstanding the legal principles on the main facts charged is still subject to the judgment of this court.

2. Judgment on the Prosecutor’s misunderstanding of the legal doctrine (the part not guilty on the ground)

A. While recognizing the commencement of the crime of fire prevention against the present owner's building, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous in the misapprehension of legal principles.

B. The lower court, based on the comprehensive evidence adopted, found the portion of innocence.

2. The determination does not lead to the commencement of the commission of the crime of fire prevention of the present main structure, as the circumstances as stated in its reasoning are acknowledged and the media is not put to the media based thereon.

The decision was determined.

The judgment below

Examining the reasoning of the court below in comparison with the evidence duly admitted and examined, the judgment of the court below is just and there is no error in the misapprehension of legal principles as asserted by the prosecutor.

This part of the Prosecutor's argument is not accepted.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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