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(영문) 대법원 1970. 3. 24. 선고 70도330 판결
[존속협박·존속상해·재물손괴·현주건조물방화·절도·폭력행위등처벌에관한법률위반][집18(1)형,061]
Main Issues

Fire-fighting crime is a type of fire-fighting if the crime has been committed in a state of burning by itself, regardless of the medium of fire-fighting.

Summary of Judgment

Fire-prevention crimes are available when they leave the intermediate material and have been in a state of burning by themselves.

[Reference Provisions]

Article 164 of the Criminal Act, Article 25 of the Criminal Act

Reference Cases

Supreme Court Decision 61 Form89 delivered on May 15, 1962

Defendant-Appellant

Defendant

Judgment of the lower court

Daegu District Court Decision 69No550 delivered on January 29, 1970

Text

The appeal shall be dismissed.

The number of detention days after the appeal shall be included in the calculation of the original sentence.

Reasons

First, the grounds of appeal by the defense counsel are as follows.

The crime of fire prevention can be executed when the person has left the medium of fighting and has committed a state of burning for himself, and it is not necessarily the time when the important part of the object has been lost and its original utility has been lost (see Supreme Court Decision 61 Form89 delivered on May 15, 1961). Thus, the facts acknowledged by the court below are not the case.

As such, the Defendant, who was refused to request the parents to use money, shall put on his own vain va roof on the carcin vain.

It is so called Rada Rada Rada Rada, and then is placed on the body, debt, and love roof in order.

If it was difficult to see that fl.e., 60 square meters f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. 8

Next, the Defendant’s grounds of appeal are health;

The argument to the effect that the defendant was the only withdrawal of alcohol at the time of this case and that there was a disease is no assertion in the first and second instances, and the record was also in such a state. Therefore, it is unreasonable to discuss this premise.

Therefore, the appeal shall be dismissed and thirty days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng

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