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(영문) 서울고등법원 2020.05.07 2019노2766
일반물건방화등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years and by a fine of 1,00,000 won.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Error of fact (the first instance judgment) had dolusences in relation to the fire-prevention of general goods.

B. The imprisonment (six months of imprisonment, two years of suspended execution, probation, and medical treatment order) and the imprisonment (one year and six months of imprisonment, three years of suspended execution, three years of probation, probation, and medical treatment order) sentenced by the court of first instance by the court of first instance is too uneasible and unfair.

2. Determination:

A. Determination 1 ex officio prior to the judgment on the grounds for appeal for consolidated proceedings, the first and second judgments were rendered to the defendant, and the prosecutor appealed against them, and the court rendered a decision to consolidate the above two appeals cases. However, since the first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the first and the second judgment cannot be maintained. (2) Amendments to Bill of Indictment (No. 1), the prosecutor of the court below maintained the charges for general fire-prevention which the court below acquitted, while maintaining the facts charged for the fire-prevention of the general fire-prevention which the court below acquitted as the primary charges and maintaining them as the name of the offense, and the applicable provisions of the Criminal Act "Article 170(2) and Article 167(2) of the Criminal Act," and "the grounds for the judgment" as stated in the following facts were added to the additional charges, and thus, the court applied for permission for amendments to the indictment.

As examined below, this Court rendered a not-guilty verdict on the primary facts charged and found a guilty verdict on the Additional Preliminary facts charged. This part of the judgment of the court of first instance is concurrent crimes with each other under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act, so the judgment of the court of first instance cannot be maintained

3. As above, the judgment of the court of first instance is based on the ground of ex officio reversal in the judgment of the court of first instance.

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