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(영문) 대구고등법원 2015.10.22 2015노339
현주건조물방화
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the instant case, the Defendant, at the time of the instant case, tried to fluorate the gasoline in an inner bed and fluort the her husband C, and did not have any intention to commit a fire. (2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In the lower court’s argument of mistake of facts against the Defendant, the Defendant argued to the same purport as this part of the grounds for appeal. As to this, the lower court rejected the Defendant’s assertion on the following facts: (a) the Defendant, based on evidence duly adopted and investigated by the lower court, has placed gasoline at the house bed, and there was a good gasoline to death; (b) the Defendant sent a text message stating “D.” On the part of the Defendant, by telephone, without actively attempting to extinguish the fire immediately after the occurrence of the fire; (c) the Defendant did not actively attempt to extinguish the fire; and (d) the Defendant could not directly move the structure, etc. from the site, on the ground that the fire could have been destroyed; and (c) the Defendant could not directly move to the said part of the gasoline.

The following circumstances are acknowledged based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances.

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