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(영문) 서울고등법원 2016.03.31 2015노2877
현주건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 피고인이 국을 데우기 위해 가스레인지에 불을 켠 후 머리를 감으려고 자리를 비운 사이에 가스레인지 불이 성경책에 옮겨 붙어 아파트가 소훼된 것일 뿐, 피고인이 방화의 고의로 아파트에 불을 낸 것이 아니다.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, and the following circumstances acknowledged by them, the court below's determination is just and there is no merit in this part of the defendant's assertion that the defendant, like the defendant's defense counsel, did not move the place of the defendant's gas car into gas car or light rail, but it can be recognized that the defendant intentionally caused the fire by tearing the brue and destroying the apartment with fire.

① As a result of the Plaintiff’s identification of the instant fire site by the Gyeonggi-do Police Agency-K’s model and affiliated slope K with the National Police Agency, the Plaintiff did not find any peculiar points that were partially melted in the instant fire site and that appeared in the process of emitting electricity, and there was no peculiar points that could be caused by odor in the process of cooking.

② The Defendant was good to listen each day to the singing of “Lveway Lue”, and the collection appears on a musical video product of the said singing.

The Defendant, before committing the instant crime, examined the above community video in the prosecution.

At the time of the investigation by the prosecutor, the defendant stated that he was in a state of no mental disorder in the state of drinking over-the-counter therapy at the time of the investigation by the prosecutor, and that he also was in a trust relationship, and there is no circumstance to reject the credibility of the defendant's statement by the prosecutor.

On the other hand, at the time of committing the instant crime, the Defendant was in a situation where the damage was caused and the accident was aggravated due to the divided disorder.

(3)

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