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(영문) 대구지방법원 2016.08.05 2016노200
현주건조물방화예비등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment and fine of 600,000 won) is too unfilled and unfair.

B. Defendant 1) There was no fact or no purpose to prevent a fire with a width in a coffee shop on the preliminary fact of the fire prevention of the present main building.

B) Each assault (No. 2-1 of the holding of the court below)

(a)(b) ;

E. There is no fact of assaulting the victim G, H, L, orO against the crime).

C) In relation to the injury, the Defendant’s face at the victim P is true, or the victim’s face goes beyond the victim himself/herself.

D) There was a fact that each victim made an objection or sound with respect to interference with their duties, but it was not sufficient to interfere with their duties.

Nevertheless, the court below found the defendant guilty of each of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. 1) Determination on the Defendant’s assertion of misunderstanding of the facts must be made with the aim of committing a crime of setting fire to the present main structure in order to establish a crime of setting fire to the present main structure. The purpose is to commit a crime of setting fire to the present main structure. The purpose is to commit a crime of setting fire to the present main structure without the active desire or final awareness of committing a crime of setting fire to the present main structure. However, the purpose is to establish a crime, and it must be proved to the extent that there is no reasonable doubt for strict proof.

However, if the defendant denies the subjective elements such as the intention or purpose of the crime, it is inevitable to prove it by means of an indirect or circumstantial fact which is highly related to the criminal's intent due to the nature of the object, and what constitutes an indirect fact which is highly related to the criminal's intent is based on normal empirical rule.

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