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(영문) 의정부지방법원 2017.10.26 2017노2259
일반물건방화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had a misunderstanding of the facts attached to the front section, it did not immediately cause a public danger by leaving the fire out of the front section, the lower court found the Defendant guilty of the facts charged by misunderstanding of the facts.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment, two years of suspended execution, and confiscation) is too unreasonable.

2. Determination

A. In full view of the following circumstances, which can be seen by comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① households, such as the defendant, etc., 3 places where the crime of this case was committed, ② the defendant’s flammable material, etc., was fluored on the entrance floor of the entrance, was fluor, and the front district was fluord by fluoring it on the front door, ③ the entrance floor and the stairs at the entrance of the entrance of the entrance, and the fact that the defendant caused public danger by destroying the front door which is a general object.

Therefore, the Defendant’s assertion of factual mistake is difficult to accept.

B. It is recognized that the crime of this case did not actually cause significant damage due to the determination of the illegality of sentencing, and that the defendant suffers from early illness.

However, the crime of this case is a very dangerous crime that can cause a large damage to human life and property if the crime of this case is committed in a flammable building where people live. The nature of the crime of this case is heavy.

As a result of the conflict with neighbors, the Defendant does not have been punished for the crime of destroying property by destroying the garment of neighbors, and thus, it is necessary to severely punish the Defendant by committing the instant crime.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, all the conditions of sentencing as shown in the instant pleadings are considered.

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