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(영문) 서울고등법원 2015.05.15 2015노146
공익건조물방화
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts or misunderstanding of legal principles (not guilty part) were attached to the wall of a toilet so that the defendants could not be easily separated from the wall of a toilet, and transferred to the toilet site of plastic materials constituting part of a public toilet, the number of times for the crime of fire prevention of public-interest buildings may be recognized. The court below erred by misapprehending the facts or by misunderstanding of legal principles, and recognized only

B. The sentence imposed by the court below on the Defendants (the part concerning the crime of unfair sentencing) (the suspended sentence of September of each imprisonment with prison labor and probation) is too uneasible and unfair.

2. Determination

A. Determination of facts or misapprehension of legal principles as to the assertion of mistake of facts 1) The summary of the facts charged is not clear as to whether the Defendants, as recorded in the judgment of the court below, moved the public toilet, a public structure, by collecting a stop and attaching fire to the wall of the French public toilet. 2) The following circumstances acknowledged by the evidence in the judgment of the court below, namely, ① the Defendants put the toilet floor into the toilet floor and put fire directly in the wall of the toilet. ② The toilet floor was composed of concrete, not the concrete, and there is a low possibility of extinguishing the toilet. ② The toilet floor was transferred to the toilet site of plastic material, ③ the toilet site was moved to the toilet site of plastic material, but it was not clear whether the Defendants moved to the wall of the toilet, and ④ the Defendants were removed only from the toilet floor of this case, and there seems to be insufficient evidence to acknowledge that the public toilet was destroyed within 20 seconds from the wall of this case.

3. Extraordinary consideration.

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