(영문) 대전고등법원 2020.06.12 2020노63 | 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) 대전고등법원 2020.06.12 2020노63

현존건조물방화치상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

A set of gas bags for a single-use, seized.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. The following circumstances are favorable to the Defendant:

1) The Defendant recognized that the instant crime was committed, and appeared to reflect the Defendant’s wrong attitude. 2) The Defendant instructed the damage network that the Defendant was subject to surveillance from the Cheongman or Neman due to mental problems, such as alcohol addiction, depression, unstable disorder, etc.

The criminal defendant committed the crime of this case without a clear motive seems to be due to the above mental problem of the defendant.

3) The Defendant, due to the crime of fire prevention, suffered images on his bridge parts. 4) The Defendant did not have any record of punishment for the same crime, such as fire prevention, damage to property, etc.

B. The following circumstances are the circumstances unfavorable to the Defendant.

1) Although the instant crime appears to be due to the mental problem of the Defendant, the Defendant committed a very planned crime of fire prevention. In other words, the Defendant sought for the crime of fire prevention for three months prior to the commission of the crime. On August 18, 2019, the Defendant ordered 24 and 48 but was delivered on the Internet on August 23, 2019. On August 23, 2019, the Defendant purchased gasoline 3.7 liters at a gas station. On August 23, 2019, the Defendant purchased 3.7 liters. On the day of the instant crime of fire prevention, the Defendant had prepared to flee by placing the wall, cell phones, cell phone, clothes, etc. on the front side of the instant crime, left the wall of gasoline on the upper side of the instant crime, added gasoline to the wall, added it to a large number of property, resulting in serious injury to human life and damage to outside of the building.

In other words, 17 persons have resided in the multi-family house, which is a multi-family house in which the defendant committed a fire, in total of 17 houses, and the defendant is among the four-story buildings.

유사 판례

-인천지방법원 부천지원 2013.06.21 2013고합88

-수원지방법원 성남지원 2018.11.29 2018고단2311

-서울고등법원 2020.11.05 2020노1354

-창원지방법원 밀양지원 2018.05.18 2018고합7

-울산지방법원 2015.05.15 2014고합311