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(영문) 서울고법 1981. 11. 20. 선고 81노1767 제2형사부판결 : 확정
[살인·현주건조물방화피고사건][고집1981(형특),350]
Main Issues

The timing of the crime of fire prevention against a suspender building;

Summary of Judgment

In order to reach the number of crimes of fire-fighting of the suspender building as stipulated in the former part of Article 164 of the Criminal Act, it shall be in a state of burning by themselves, leaving the intermediate media.

[Reference Provisions]

Article 164 of the Criminal Act

Escopics

Defendant

Appellant. An appellant

Prosecutor and Defendant

The first instance

Seoul District Court Southern Branch Court (81 High Court Decision 127)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

One hundred days of detention days prior to the pronouncement of the judgment of the court below shall be included in the above sentence.

Reasons

The summary of the grounds for appeal by the defendant and his defense counsel is as follows: First, the defendant was found to have been found guilty of the facts charged in this regard and affected the judgment of the court below that found that the defendant was guilty of the facts charged, or that the defendant was erroneous and unfair in light of the gist of the court below's decision's decision that it was too serious and unfair in light of the following: the defendant was found to have been found to have been guilty of the facts charged, and the defendant was found to have been guilty of the facts charged, and the defendant's death was found to have been found to have been found to have been caused by the alcohol flow that was located adjacent to the victim's satch, and the defendant was found to have been found to have been flowed into the room of the room; second, the defendant was found to have been guilty of the facts charged; second, the defendant was found to have been found to have been erroneous and unfair in light of the purport of the court below's decision's decision that it was too unfair.

Therefore, the first point of the grounds for appeal by the defendant and his defense counsel is health, and according to each evidence duly examined and adopted by the court below, it is sufficient to recognize that the defendant placed the body on the top of the defendant's death, covered the body, and then setting up clothes such as the fluor's fluor and fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluoral match

However, prior to the determination of the allegation of unfair sentencing, the court below acknowledged that the defendant, based on evidence of this case, destroyed the 1st day of February 19, 1981, and let see the Cheong-gu Office 105, and destroyed the above room and the 1st day market price of 105,00 won to the above 4th day of the judgment, and that the defendant's above 4th day of the judgment below did not have an influence on the 6th day of the above 1st day of the above 4th day of the judgment, and it did not have an effect on the 6th day of the above 1st day of the judgment on the 1st day of the court below's misunderstanding of the legal principles as to the 6th day of the above 1st day of the above 1st day of the 1st day of the 6th day of the judgment, and it did not have any effect on the 1st day of the above 1st day of the 1st day of the judgment, and it did not have any effect on the 2nd day of the above 2th day of the trial.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts and evidence

In addition to the facts constituting the crime at the time of the establishment of the judgment of the court below, the relationship between the facts constituting the crime which a member found guilty and the facts constituting the crime is identical to that at the time of the establishment of the judgment of the court below.

“In order to avoid the above crime at that time, the victim’s body is placed on the part of the victim’s body in order to prevent fire to the above in the above wooden building where the person exists, and the victim’s body is filled up with the booms, such as bat and batch clothes, bat and batch bats, and fats and bats, with alcohol on that fats and fats of alcohol, and with alcohol on that fats and fats and fats of alcohol, and the fats and fats and fats and fats and fats and fats were carried on the fats and fats, the non-indicted, the above fats, in order to fat the above fats and fats, did not reach the goal and attempted

Application of Statutes

Article 250(1) of the Criminal Act provides that the homicide of the judgment of the defendant shall be punished by imprisonment with prison labor for the first time, and Article 174 and the former part of Article 164 of the Criminal Act provides that the defendant shall be punished by imprisonment with prison labor for the second time prior to the crime, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time before the crime, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time, and shall be punished by imprisonment with prison labor for the second time before the defendant's departure from the Republic of Korea, and shall be punished by imprisonment with prison labor for the first time after the above victim and the above defendant shall be punished by imprisonment with prison labor for the second time, which the above defendant shall be punished by imprisonment with prison labor for the second time.

It is so decided as per Disposition for the above reasons.

Judges Kim Young-jin (Presiding Judge)

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