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(영문) 서울고등법원 2018.11.09 2018노2286
현주건조물방화
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

Fire-prevention is a serious crime that undermines public safety and peace, and in particular, the fire-prevention crime against a building in which many people live or enter, such as this case, may cause serious damage to the life and property of the deceased.

The defendant committed a fire by using gater oil, which is highly inflammable.

However, the defendant recognized his mistake and is in profoundly against himself.

There is no criminal conviction or suspended execution against the defendant.

The Defendant informed the Defendant of the fact immediately after the birth.

Property damage caused by a crime is relatively minor and human life damage did not occur.

A fire-fighting object owner and fire-fighting object C does not want to be punished by the defendant.

It is relatively clear that the social relationship of the defendant is relatively clear.

In addition, considering the defendant's age, sex, environment, family relations, criminal records, criminal records, the circumstances after the crime, and the result of the crime, the court below's punishment is too unfair.

Defendant’s assertion is with merit.

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is well-grounded, and the following judgment is rendered after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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