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(영문) 서울고등법원 (춘천) 2019.06.19 2019노79
일반물건방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) In the case of intimidation (criminal facts in the original judgment), there is no fact that the Defendant made a threat to the victim D by stating that “I have come to know about. I have come to know about it. I have come to know about it. I have come to know about it.” 2) The Defendant’s entry into C and F without a manager’s explicit consent. However, there was an implied consent as it was entered for the purpose of unafforing the public peace.

3) In general goods fire prevention (Article 3 of the criminal facts in the judgment of the court below) the Defendant thought that he was aware that he was the first person and did not know that he was the first person and did not have the intention to commit a fire. In other words, the Defendant did not have the intention to commit a fire. (b) The Defendant was in the state of mental disorder or mental disorder at the time of committing the obstruction of performance of official duties. (c) The punishment sentenced by the court below of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Fact-finding 1) In full view of the following facts and circumstances recognized as the evidence duly adopted and examined by the court below related to intimidation (Article 1 of the original facts in the judgment), the credibility of the victim's statement can be recognized, and the defendant has threatened the victim as stated in the judgment of the court below. Therefore, the defendant's assertion of mistake of facts in this part is without merit. Accordingly, the victim reported to the police according to the direction of Nggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

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