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(영문) 대구고등법원 2013.08.22 2013노270
현주건조물방화
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One set of divers (No. 1) seized.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not commit the fire-prevention of this case.

(2) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The evidence duly adopted and examined by the court below regarding the assertion of mistake of facts [the court below adopted an investigation report (Evidence No. 107 pages) containing a telephone conversation for witnesses G on the second date for pleading, and the above investigation report constitutes hearsay evidence, which is a document stating a telephone conversation with witnesses G, and which is "documents stating a statement by a person other than the defendant," as provided in the main sentence of Article 313 (1) of the Criminal Procedure Act. However, there is no signature or seal of the person who made the statement, and it has not been proven that the authenticity of the formation by the statement made by the person who made the statement on the day for preparatory hearing or during public trial was not admissible (see Supreme Court Decision 2010Do5610, Oct. 14, 201). The above investigation report is inappropriate, and therefore excluded from evidence, and the above investigation report is not admissible from evidence, and it cannot be acknowledged that the court below erred in the misapprehension of evidence as well as the following facts that the defendant adopted the above evidence.

(1) The defendant height is 165 centimeters, weight is 53 kilograms, and the defendant's walk is also natural sphere that he/she will walk up a bridge due to a traffic accident.

② At the lower court, G showed that “I would like to put a person of a dule with a 160 centimeters kis from the fire immediately following the instant fire-prevention act into a building where the dunesle 160 centimeters kis from the fire-prevention act was put.”

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