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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding - The Defendant was investigated by the police, and at the meeting place of the residents briefing sessions on the Village Drainage Maintenance Corporation, the complainant made the Defendant a fire-prevention crime against the community hall.
There was a fact that this Chapter made a speech to the effect that “a meeting is to be carried out by driving away from the village”, and the minutes submitted by the Defendant are also written as follows: “The minutes submitted by the Defendant are as follows: (a) if the Defendant desires to drive away from the Dong and show it to the head of the Ri, etc. who put the Defendant into a fire-fighting offense; and (b) it is written as follows:
B. Although the Defendant did not directly cause the complainant to commit a fire to the village hall, the Defendant’s talked as above, even if he argued that the Defendant was claiming that the Defendant would have caused a defect by locating himself in the village to drive away from the village, and that the Defendant would have caused a fire to the village, and that the Defendant would not cause a fire to this Chapter, it is recognized that the Defendant made a statement of the facts charged in the instant case.
Nevertheless, the court below found the Defendant not guilty of this part of the facts charged, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.
B. The lower court sentenced the Defendant to a suspended sentence (two million won in penalty). This is so unfair that it is too uneasible.
2. Determination
A. The summary of the facts charged of this case is proved to the extent that the court below has no reasonable doubt
On March 25, 2015, the Defendant acquitted the Defendant on the ground that it is difficult to see the gist of the facts charged in the instant case. On March 25, 2015, at around 20:00, the following: (a) at the community center in Chungcheong-gun, Chungcheongnam-do; (b) at around 25, community residents; and (c) at the community center in which the public officials of the Gun office, etc. were stationed in meetings relating to the resident presentation for the Village Improvement Works; and (d) the Defendant made this Chapter as the
The meeting which the president intends to drive away from the village.