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(영문) 서울고등법원 2018.10.05 2018노2130
현존건조물방화등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (the imprisonment of 8 months and the fine of 5 million won) is too unreasonable.

The police officer who was sent by the defendant to the mistake of the prosecutor's fact (the fire prevention of a general object) was attached to the fire.

In light of the fact that “the Defendant’s intent to prevent fire” is sufficiently recognized.

The punishment sentenced by the court below is too uneasible.

Judgment

As to the prosecutor’s assertion of mistake on the facts, the lower court determined that the Defendant caused a fire that fights at the time and place indicated in the facts charged, and immediately after the case, attached a fire to the police officer called up for the immediately after the case.

Recognizing the facts stated “,” the evidence submitted by the Prosecutor alone is sufficient to prove the Defendant’s intentional act of fire to the extent that there is no reasonable doubt.

It is difficult to see

The decision was determined.

Specific reasons are as follows.

① Damage caused by a fire as stated in this part of the facts charged is entirely caused by a hole of about 30 cm in diameter. In light of the quality of the damaged product and the degree of fire, the fire is likely to be caused by a cigarette.

② According to on-site photographs, it is difficult to eliminate the possibility that the Defendant was placed immediately next to that of the damaged part of the destroyed part, and thus, it is difficult to eliminate the possibility that the Defendant was placed immediately next to that of his/her being placed in tobacco in his/her own way in his/her own way.

③ 이 사건 직후 피고인의 손이 까맣게 그을려 져 있었다는 원심 증인 M의 진술에 의하면, 피고인은 손으로 이불을 두드려 불을 끈 것으로 보인다.

④ At the time of the instant case, the Defendant, under the influence of alcohol, took a breath and the police officer’s desire to take a brupt against the situation, making it difficult for the Defendant to understand logical relationship, such as taking a brupter and the police officer, etc.

In light of such defendant's situation, why the defendant was unable to reach

A police officer's inquiry is called "attention."

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