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(영문) 대전고등법원 (청주) 2014.10.16 2014노147
현주건조물방화미수등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not misunderstanding of facts or misunderstanding of legal principles as to each present building or attempted fire prevention, but only attempted to board clothes.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too heavy.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged in this part of the charges 1) The Defendant, around May 4, 2013, 201: (a) around 02:10, on the ground that around 201, the Defendant went to a friendship after the marital fighting of the couple; (b) the Defendant attached a fire to the cremation site on five occasions in which C’s clothes and the instant clothes and the instant clothes were stored in the ward; and (c) did not go to the wind that C, who was kept before the French length, turned to water, did not go to the wind; (d) on the ground that around 02:10 on June 4, 2014, at around 02:10, C turned from the above apartment to the care center after the marital fighting of the couple, he did not put the clothes in the bath of the bath, and did not put it into the place of cremation, but did not put it to another place, but did not put it into the place, but did not put it into the place of cremation.

B. Determination 1) The judgment of the court below and the trial court acknowledged by the evidence duly examined and adopted, and the defendant led to confession of this part of the facts charged to the investigation agency and the trial court. However, this appears to have been made within the meaning of recognizing the facts as it is, and the defendant seems to have been dissatisfied with the purchase of clothes at his wife C's clothes that are not suitable for the circumstances of home, and the defendant, among them, was in a way of fighting between C and his wife or immediately after that, was kept at his house, he laid down the clothes of C and laid down the clothes at his clinic, or laid down the clothes by putting them in a bath room that is not likely to spread, and then laid down the clothes with C [the case of the crime of Paragraph 1] or left alone after putting them in the clothes.

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