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(영문) 서울고등법원 2013.03.15 2013노539
현주건조물방화미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A set of gas bags for one-time, seized.

Reasons

Summary of Grounds for Appeal

As stated in paragraph (3) of the crime of the lower judgment, the Defendant himself/herself suspended his/her commission according to his/her free will, as he/she did not put his/her wrong with the lower court’s judgment, thereby extinguishing his/her fire promptly, thereby suspending the commission of the crime.

The imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The court below acknowledged facts based on the evidence duly adopted and examined by the court below, and judged that according to these facts, the defendant's act of cutting down clothes, etc. with a fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluoral fluorial fluoral fluoral flus

In light of the relevant legal principles and the evidence duly admitted by the court below, the above recognition and judgment of the court below are justified, and there is no violation of law by misapprehending the legal principles on attempted suspension.

In light of the fact that the Defendant had had the record of punishment for the same kind of crime, even during the period of suspension of execution, again commits the instant crime, and that the instant crime was committed by assaulting the victim, inflicting bodily injury on the victim, detained the excess by threatening the victim under the item of the victim, and that the crime was committed against the attempted crime by setting fire on the officetels, and the nature of the crime was poor, the responsibility for the instant crime is not easy.

On the other hand, the defendant repents his mistake, the fact that the present state building and fire prevention crime is committed, and the defendant agrees with the victim.

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