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(영문) 서울고등법원 2016.01.27 2015노2998
현주건조물방화
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant was under the influence of alcohol at the time of the instant case, but did not commit a fire.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. The defendant alleged as to the defendant's assertion of mistake of facts as alleged in this part at the court below, and the court below rejected the defendant's assertion by recognizing detailed circumstances in the item "as to the defendant's fire prevention" of the judgment. In addition to the following circumstances acknowledged in accordance with the evidence duly adopted and investigated by the court below, the court below's above judgment is just and acceptable. Thus, this part of the defendant's assertion is not acceptable.

(1) The Defendant appears to have placed the usual tobacco and ra in Australia (the 89 pages of investigation records). The Defendant consistently stated that the Defendant had no tobacco in the area of Gwangju Northern-gu E, 101 Dong 113 (hereinafter “13”) where the Defendant had no cigarette smoked (the investigation record 141,205-206 pages), and that the Defendant appears to have used (D did not have a base in the area of 113 rooms unless the Defendant was in possession).

The statement was made (the 72th page of the investigation record) Laster was placed on the cremation room of 113 (the investigation record 153,170). ② The defendant was under influence of alcohol, and the possibility that the third party might have prevented fire. However, the defendant appears to have broken up at least up from K and telephone until 22:00:50. The first fire report was received from 22:03. The short time was only about two minutes from the point of time to 22:03, when the third party intrudes the defendant into the 113th and forced the defendant to stop clothes.

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