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(영문) 인천지방법원 2016.01.05 2015노4100
공용건조물방화예비
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was merely trying to put his body in the meaning of paragraph (b) and did not commit a fire on the D District Building.

B. The Defendant, at the time of the instant case, was drunk, and was acting in a state of mental disorder due to the mother’s death, and was in a state of mental disorder.

(c)

The punishment sentenced by the court below to the defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court: (a) the Defendant cited plastic g.7 literss, which had been purchased at a nearby gas station; and (b) the Defendant shot up the D District Building door immediately in the future; and (c) the Defendant shot up the light which was prepared before the entrance in glass, with the body of the Defendant’s head from her head, and shot up with it.

In light of the aforementioned facts, the police officer F, who works in the D District, found it, tried to open an entrance with other police officers, and set up a door to prevent police officers from opening the entrance, and the Defendant’s attempt to prevent police officers from opening the entrance. ④ The police officers opened an entrance and prevented the Defendant from opening the entrance, and the Defendant was prevented from opening the entrance, but the Defendant was prevented from leaving the entrance, and the Defendant was trying to leave the entrance through the passage along the floor of the police station.

In view of the following circumstances that can be recognized by the above facts and the above evidence, namely, ① the Defendant spreaded a large amount of transit at the time of the instant case into his body, and was going to the entrance door of the D District Building in order to flow out, ② the location of police officers who control the place and the Defendant, and the width of the earth door of the D District Building, etc., if the Defendant’s body was put to a fluorial building, the Defendant would have moved to a fluorial building.

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