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(영문) 부산고등법원 (창원) 2018.06.27 2018노64
공용건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding (related to the crime of fire prevention of a public structure as stated in the judgment of the court below) had no intention to commit fire, and since the floor of the police box of this case was not burned independently, the crime of this case did not reach the number of pages.

On the other premise than this, the court below which found the guilty of this part of the facts charged is erroneous in the misconception of facts.

B. The sentence should be mitigated on the ground that the Defendant, who was physically and mentally weak, was under the influence of alcohol at the time of committing each of the crimes in this case.

(c)

The punishment sentenced by the court below against the defendant (five years of suspended sentence for three years of imprisonment and observation of protection) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant purchased gasoline 4.5 liters in a gas station and added gasoline to his body at the parking lot for the police station. ② After that, the defendant immediately entered the station for the police station to turn off the gasoline to the box, which was sprinked on gasoline. ③ The defendant was laid off the box and moved to the department for the police station in the air where the sprink was installed, ③ The defendant was laid down on the spacked sofabs and moved to the department for the police station. ④ On the day of the instant case, the defendant called to the spack-gun's office for the public service of Seongdong-gun on the day of the instant case, "I am spherb off the spons and spons on the body of gasoline and the spons on the spons.

It is recognized that the circumstances, such as the fact that “a notice is given.”

Considering the above circumstances, it is deemed that the defendant had the intention to extinguish to the police box of this case, which is a public building.

The judgment of the court below on this part is justified, and it does not accept this part of the defendant's assertion.

2) The crime of fire prevention as to whether the object of the crime of fire prevention of a public structure is a fire-fighting one's own means of burning the object regardless of the object which is an intermediate medium.

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