logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.06 2016노2320
현주건조물방화예비등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the defendant of the facts charged in relation to the fact that the defendant prepared the fire prevention of a new or new structure in the dormitory of this case for the purpose of fire prevention, despite the fact that the defendant had no intention to prevent the dormitory of this case at the time of this case, there was an error of law by misunderstanding the facts. 2) Even though there is no causation between the defendant's act of spreading the new or new body to the victim E and the injury suffered from the victim's infection, the court below found the defendant guilty of this part of the crime of injury.

B. The sentence imposed by the lower court (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the preparation of the present building and the fire of the present building, i.e., ① at the time of the present case, the Defendant spreads a new substance or a highly inflammable substance, ② at the time of the prosecutor’s investigation, the Defendant made a statement to the effect that “the Defendant acknowledges that he spreads a new structure or a body in mind,” and ② at the time of the prosecutor’s investigation, it can be acknowledged that the Defendant prepared a preliminary fact to extinguish the present building by spreading a new structure for the purpose of preventing the instant dormitory. Accordingly, this part of the Defendant’s assertion is without merit, namely, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the injury of the present building. (ii) The Defendant’s new or new body had been spreaded to the victim’s face and body, and there is sufficient possibility that the new or new body might have come into the victim’s eye in the process.

arrow