(영문) 서울고등법원 2015.05.01 2015노877 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.05.01 2015노877

현주건조물방화

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant, as well as his wife, son and son, and the second floor used by the tenant for residential purpose, and was committed by the Defendant by burning the entire and part of the dwelling room. As a result, considerable physical damage was inflicted not only on the part of his wife, but also on the part of his wife, and on the part of his neighboring building.

Therefore, there is a need for punishment corresponding to the criminal liability of the defendant.

However, the defendant led to the confession of the crime and the submission of a multiple rebuttals, and the defendant appears to have committed any contingent crime while drinking, the defendant seems to have committed any crime in a state of drinking, there was no other person in the damaged building at the time of the defendant's fire prevention, and the defendant was immediately reported to 119 after the fire, so the fire does not spread to nearby buildings, etc., the police officer's questioning that the defendant sent to the site was the offender, the defendant's wife and children, who is the victim who resides in the damaged building, wanting to be faced with the defendant, and the defendant's wife and children wanting to be faced with the defendant's wife, together with favorable circumstances, such as age, character, character, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, guidelines for sentencing of the Sentencing Committee, etc., and the judgment of the court below is too unreasonable, and the defendant's allegation that the defendant's punishment is too unfair.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

-서울서부지방법원 2015.02.03 2015고합7

-수원지방법원 성남지원 2021.04.15 2020고합307

-울산지방법원 2013.02.15 2012고합562

-인천지방법원 2013.09.26 2013고합505

-서울북부지방법원 2015.10.14 2015고단2976