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(영문) 서울남부지방법원 2017.01.19 2016노1938
현존건조물방화예비등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of fact was not able to properly handle the 112 declaration at a police box, and subsequently refused a request to stay in the police box, thereby making the Defendant conduct a good appraisal.

However, the Defendant, however, she was supposed due to the suppression of himself/herself, who failed to properly supposed the police box, and caused him/her to have been supposed.

However, if you talk before the police box, they want to find out his bullying and suppressions, and have a police box take the body, and there was no intention to commit a crime of preliminary crime of existing structure and fire prevention.

B. Although the Defendant did not have had the intention to prevent the existing structure and fire to the Defendant, the Defendant’s act of cutting away his body and then dusting from the police officer’s failure to do so at the police box, and the Defendant’s act of obstructing the police officer’s performance of official duties by doing such act is perceived and contradictory.

However, the degree of damage by police officers is not much serious.

At the time of committing a crime, the Defendant explosiond the appraisal and prevented the criminal act by contingency.

The defendant has resided mainly in a female house before detention and has been employed as a daily working day, and is a plan to live faithfully while working after the release.

The defendant is a old-age who was hospitalized in the Medical Care Center and was aware of the detention of the defendant and that the health of the defendant is not worse.

In full view of these circumstances, the defendant will be punished to the maximum extent possible.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is sufficiently recognized that the Defendant had a criminal intent to commit a preliminary fire to the existing structure. Therefore, the allegation of mistake of facts is without merit.

B. The circumstances favorable or unfavorable to the defendant in determining the unfair argument of sentencing, and the defendant's age, sex, career, family relationship, environment, and crime.

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