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(영문) 광주고등법원 (전주) 2019.10.01 2019노138
현존건조물방화치사
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment without prison labor for a year and six months.

(2).

Reasons

Summary of Grounds for Appeal

Defendants asserted that the sentence of the court below, which sentenced two years to their imprisonment without prison labor, is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

The common normal crime of this case committed the crime of this case caused a fire by exceeding the body fighting with the problem of gambling money in the vicinity of the defendants, which caused the death of the victim at the same time.

Although the Defendants could easily extinguish fire at the early stage, they did not make efforts to extinguish fire at all. Although they knew that the victims were in the building, there is no direct report on fire-fighting, and there is no good situation in that they leave the site before they arrive.

The fire of this case caused serious damage to human life, and a lot of property damage occurred.

Nevertheless, the Defendants conspired to make false statements in the investigation process or see the victim's responsibility.

This is disadvantageous to the Defendants.

On the other hand, the defendants are all aware of the crimes in the appellate court and are against the mistake.

In the process of causing the death of the victim, the victim himself/herself tried to extinguish continuously, but it seems to have caused the death.

This is favorable to the Defendants.

Defendant

A There is no same criminal history for the defendant, and family members and branch members of the defendant want to take the action against the defendant.

However, the defendant was unable to be admitted to his bereaved family until the appellate court.

As above, comprehensively taking into account the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, as well as the circumstances favorable to the defendant, and the sentencing conditions after the sentence of the lower judgment.

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