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(영문) 서울고등법원 2018.12.20 2018노2683
현주건조물방화치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized Rater (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (five years of imprisonment, confiscation) is too unreasonable (the Defendant did not submit a written reason for appeal within the submission period in the written reason for appeal, but, on October 15, 2018 and October 16, 2018, alleged unfair reasons for sentencing through each reflective text received by this court). (b) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. The Defendant committed the instant crime by setting fire to a motor vehicle parked in the first floor parking lot of the apartment building in the main apartment building consisting of approximately 285 households and approximately 300 stores, and setting fire to the two vehicles and facilities installed in the parking lot ceiling.

The postponement caused by it to the 17th floor of the above building, and the 14 victims suffered injuries such as respiratory difficulties, etc., and the large amount of property damage was also caused.

If a fire by a fire officer dispatched immediately after the crime of this case was committed, the victims who would have suffered more severe damage to human life and property than that of the victims who would have suffered more severe damage if the fire had not been prevented promptly, and the crime of this case is not highly dangerous in that the risk of human life, body, and property was high.

The defendant was unable to receive a letter from two victims of injury.

However, the defendant recognized the crime of this case and seriously reflects his fault.

피고인은 이 사건 범행 무렵 영화촬영 현장에서 해 오던 촬영 스텝 일이 끊겨 경제적인 어려움을 겪고 있었고, 그로 인해 가족과 별거를 하게 되면서 자신의 처지를 비관하고 있었는데, 이 사건 범행 당일에도 술에 취해 일행들과 시비를 벌이다가 혼자 범행현장인 주차장으로 내려간 후, 그 곳 바닥에서 1시간 가량 쓰러져 잠을 자다가 깨어난 다음 이 사건 범행을 저지른 것으로, 처음부터 방화를...

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