logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.07.17 2014노989
업무상실화
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (one year of imprisonment without prison labor and two years of suspended execution) declared by the court below against the defendant is too unfasible.

2. The judgment recognizes the crime of this case and reflects the fact that the defendant is committing the crime of this case, there is no loss of human life caused by the fire of this case, and that a large number of victims are subscribed to fire insurance, etc., it cannot be deemed that the defendant was negligent by failing to install flame retardation while approaching the fire of this case, and there is a large degree of damage caused by the fire of this case, and there is a large degree of damage caused by the fire of this case. Nevertheless, the defendant was unable to agree with the victims, the damage was not recovered at all, and the number of victims did not subscribe to fire insurance is equivalent to the number of victims, and it is reasonable that the damage was recovered even in the name of the victims, and the issue of recovery is unclear, and in consideration of all the sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, family environment, motive and circumstance leading to the crime of this case, and the circumstances before and after the crime, etc.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 166 (1) of the Criminal Act concerning the selection of punishment for the crime, the selection of imprisonment without prison labor;

arrow