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(영문) 서울고등법원 2020.01.16 2019노1511
현주건조물방화미수
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor of one year and six months and a fine of two million won.

Reasons

Summary of Grounds for Appeal

Each document submitted by a defendant with the deadline for submission of an appellate brief shall be deemed to be within the scope of supplement in case of supplement in the grounds for appeal.

(M) On September 18, 2018, the Defendant had operated a system to gradize gas bags by attaching a paper fire to a gas bag, which is not well-influenced in his own place of residence on September 18, 2018, on the ground that there was a misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles (the fact-finding, misunderstanding of legal principles, and unreasonable sentencing). The Defendant had operated a system to gradize gas bags by attaching a paper fire to a gas bag, which is not well-influenced. The paper attached to the remainder of the grads, which caused a high length of the gradic wave, was stored on

Nevertheless, the first instance court which found the Defendant guilty of this part of the facts charged by making the Defendant intentionally tried to prevent fire at his residence, has erred by misapprehending the facts.

On December 8, 2018, the lower court’s judgment (the main cancellation disturbance and damage to public goods on December 8, 2018) did not cause a crypted or damage to the eromatic state while under the influence of alcohol at L Center at around 21:40 on December 8, 2018.

Nevertheless, the second instance judgment convicting of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles.

On October 18, 2018, the Defendant: (a) visited L Center office at around 16:50 on October 18, 2018; and (b) did not show locked clothes in the process of protesting against first aid workers who did not enter the seat in the course of rescue; and (c) did not see that the Defendant was either a person who was working in Blue House or a person who was placed in the Blue House, and did not go beyond the air condition with the air condition.

Nevertheless, the third instance court which found the Defendant guilty of this part of the facts charged erred by misapprehending the facts or by misapprehending the legal principles.

In September 21, 2018, the fact of false reports seems to be consistent with the facts charged.

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