(영문) 인천지방법원 2015.03.20 2014노4266 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.03.20 2014노4266

실화

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant’s negligence was significant in the occurrence of the instant fire; and (b) the Defendant’s negligence could cause secondary damage to human life or surrounding buildings; and (c) the risk was serious.

On the other hand, however, the defendant is a primary offender with no criminal power; the defendant recognized the crime of this case and reflects his fault in depth; in particular, the defendant recovered the victims' damage by repairing the building up to the trial, it is extremely difficult for the defendant to have an economic situation, and the husband plays the most substantial role due to high blood pressure and sunssis, etc.; the fire of this case is in the military; the fire of this case has taken into account the situation that the defendant gets out of his leave from the military team, and the situation of the situation is that the defendant's death frights down in the gas park; and considering all sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, background and result of the crime of this case, and the circumstances after the crime, the defendant's argument is somewhat unreasonable. Therefore, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 170 (1) and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The fine to be suspended;

참조조문

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