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(영문) 부산고등법원 2016.05.25 2016노101
현주건조물방화
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is merely a fire that was destroyed by a fire that was destroyed by a fire that was caused by a fire in the inside of his house and attempted to commit suicide. There was no intention of fire prevention.

B. At the time of the instant crime, the Defendant: (a) took a large number of drugs, such as water surface guidance and anti-competing; and (b) took a large number of alcohol, and had weak ability to discern or make decisions.

(c)

The sentence of the court below's sentence against the illegal defendant (two years of suspended sentence, three years of suspended sentence, etc.) is too unreasonable.

2. On October 31, 2015, the summary of the facts charged in the instant case: (a) around 14:40 on October 31, 2015, the Defendant: (b) at the Defendant’s house located in the first floor of Busan Seo-gu C2, Busan Seo-gu, and (c) on the ground that the Defendant had a house located in the house of one story; (b) had a woman living together with his house, and (c) had a mind to attempt to commit suicide on the car corporate book in the car corporate book, and (d) had anticipated that a fire would be easily moved to the surrounding area if a fire was broken out by using a shot with a strong inflammable with a strong inflammable influsium, clothing, etc.; (b) had the victim’s house used as a residence by setting a fire to the extent that the amount of restoration cost 49.55 million won was destroyed to the extent that the victim’s house was born.

3. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant had an intentional fire-prevention at the time of committing the instant crime.

It is reasonable to view it.

Based on the judgment of the court below, the charged facts of this case were convicted.

① The Defendant attempted suicide by inserting a slick in a slick, slick, slick, clothes, and slick, in the Defendant’s room, in which things that can be easily deprived of fire, and by attaching a slick in a slick, slick, slick, and slick, located at intervals of about 30 cm

(2) Broughts shall be used for attaching coal, etc.

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