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(영문) 서울고등법원 2020.01.16 2019노2159
일반물건방화
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

The defendant, on the second trial, dismissed all of the facts, misunderstanding of legal principles, and mental disability claims.

2. An ex officio determination prosecutor changed the existing facts charged into the following facts charged: (a) an application for changes in indictment was filed by adding “Article 167(2) of the Criminal Act” to the applicable provisions of the Act; and (b) this court permitted this and changed the subject of the judgment; and (c) the judgment of the court below was no longer maintained.

On April 1, 2019, the Defendant: (a) around April 21, 2019; (b) around 21:28, 2019, at the recycling clothes collection administered by D, who is a staff member of the apartment management office, in Seoul Special Metropolitan City, Nowon-gu B apartment, and Cdong 1, and (c) on the other hand, destroyed part of this payment by setting fire to the past.

Accordingly, the defendant destroyed a fire to a general object, which is a non-main object, and caused public danger.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after oral argument.

【The reason for the judgment of the court below 【The defendant was sentenced to four months of imprisonment with prison labor for the crime of property damage, etc. at the Seoul Northern District Court on December 16, 2015, and the execution of the sentence was terminated at the Seoul Eastern Detention House on April 13, 2016.

[Judgment of the court below] The facts charged are the same as the modified facts charged.

Summary of Evidence

The summary of the evidence of the above criminal facts recognized by this court is the same as the corresponding column of the judgment of the court below, except for the addition of the "written statement of the defendant at the trial" as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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