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(영문) 부산고등법원 2019.07.11 2019노148
현주건조물방화미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, committed mistake of facts or misapprehension of legal principles with the intention to harmonize the victim’s front corridor and to load a sports equipment, etc., but did not intend to extinguish the present building itself.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Defendant was suffering from depression before committing the instant crime. At the time of the instant crime, the Defendant was under the influence of drinking alcohol and under the influence of alcohol, and the Defendant did not have or weak ability to discern things or make decisions.

C. The sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as this part of the grounds for appeal in the lower judgment, and the lower court rejected the said assertion by clearly explaining the judgment in detail on the “determination of the Defendant and the defense counsel’s assertion” in the written judgment of the lower court.

The judgment below

Examining the reasoning in comparison with the record, the judgment of the court below which held that the defendant was put to tents, etc. by using a dog, even though he sufficiently aware that the defendant could have set fire at least due to dolusent acts, is just, and it is difficult to see that there was an error of law by misunderstanding facts or by misunderstanding legal principles

This part of the defendant's assertion is without merit.

B. There is no evidence to prove that the Defendant was suffering from depression at the time of the instant crime, or was under the influence of alcohol, at the time of the instant crime, and even if so, the Defendant was suffering from depression at the time of the instant crime or was under the influence of alcohol, as alleged by the Defendant.

Even if there are circumstances leading to the instant crime, the means and methods of the instant crime, and the circumstances before and after the instant crime.

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