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(영문) 서울고등법원 2020.01.10 2019노2277
특수공무집행방해치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal, mistake of facts, and misapprehension of the legal principles, were cut to threaten the police officers dispatched, and there was no intention to cause a fire by gas leakage.

Since there was no intention of fire prevention against the defendant, it is not possible to establish a preliminary crime of fire prevention against the main building.

The Defendant committed the instant crime under the influence of alcohol while having weak ability to discern things or make decisions.

The sentence of unfair sentencing (three years of imprisonment) by the court below is too unreasonable.

Judgment

In full view of the following facts and circumstances acknowledged by the court below and the evidence adopted and examined by the court below as to the assertion that there was no intention to prevent a fire as to the assertion of misunderstanding of facts and misapprehension of the legal principles, it is sufficiently recognized that the defendant had an intention to commit a fire at the time of

This part of the defendant's assertion is without merit.

At the time of the interrogation of the suspect, the Defendant made a statement to the effect that “I want to kill the house” was cut to the effect that “I cut the gas door of gas bags by using the home room of the front house.” At the time of the interrogation of the suspect, the Defendant made a statement to the effect that “I was the mind that I would die by cutting the gas string at the time of the case,” and that “I would like to kill by cutting the gas string at the time of the suspect interrogation.”

피고인은 전처 D에게 2019. 8. 7. 23:21경 ‘나 여기서 죽을거네’, 같은 날 23:33경 ‘가스 틀어놨네 바보야’, 2019. 8. 8. 00:12경 ‘뉴스봐라’라는 메시지를 보냈고, 2019. 8. 7. 23:04경 아들 G와 통화에서 ‘너 내일 아침에 오면은 너희 집 없어’, ‘뉴스 나올거야, 뉴스 나온다고’, ‘내일 죽어서 나가줄게, 오늘 저녁에 죽어서 나가줄게’라는 취지의 통화를 하는 등 주거지에 불을 질러 죽겠다는 취지의 의사를 계속적으로 표시하였다.

The G of the defendant is the currency of the defendant.

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