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(영문) 광주고등법원 2020.09.22 2020노182
현주건조물방화치사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

The summary of the grounds for appeal (unfair punishment) by the lower court (nine years of imprisonment) is too unreasonable.

2. Each of the instant offenses is a case involving: (a) the Defendant’s spouse, who was the spouse at the end of the house, to spread to Oral Ba, which is the spouse’s possession in front of the house; and (b) the Defendant’s body and the Defendant, the Defendant’s house, etc., were spreaded during the process of dispute with the victim E, who is a pro-friendly victim, and the Defendant’s house, etc., were spreaded to the victim’s residence, etc., and caused the death.

Fire prevention crime is a crime detrimental to public safety and peace, and is a highly dangerous crime that may cause serious damage to life and property of a large number of people.

In addition, since the human life and dignity have absolute nature that no one can dispose of without permission and it is impossible to recover damage in any way, it is difficult to use it.

As a result of the Defendant’s fire-prevention crime, the victim E was not only in person, but also in the process of leading to death, and it is clear that the victim E suffered from extreme pain and extreme fear.

The results of damage caused by the defendant's crime are included, and the possibility of criticism is very high in light of the circumstances and contents of the crime.

On the other hand, the Defendant recognized all of the crimes of this case, and is against the law.

C is not subject to the punishment of the defendant, and the victim E's children also agree with the defendant.

The Defendant, while supporting his relatives, took advantage of the economic difficulties experienced in supporting his relatives and the influence of his wife caused by the victim’s illness. However, the victim, under the influence of alcohol, took place a dispute with the victim, such as the victim’s “influence of his/her spouse,” which led to the victim’s defect, and did not control his/her own appraisal during that process, and the victim’s body and the victim’s body were in the mind of one’s own mind.

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