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(영문) 대전고등법원 2017.02.03 2016노286
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact-misunderstanding that the defendant's office was merely a part of the defendant's office, which was written by his wife in the room, was due to the defendant's sloping pentle, which was put under the sloping, and attached to the sloping course. It is not due to the defendant's intentional neglect.

B. The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too heavy.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted that the aforementioned facts were identical to the assertion of mistake.

However, the court below rejected the above assertion on the basis of detailed circumstances as stated in its reasoning, and found that the defendant intentionally attached the house of this case, which is the defendant's house.

The following circumstances acknowledged by the evidence adopted and examined by the lower court, i.e., the Defendant, at around 10:45 on the same day after the fact that the instant house was destroyed, he stored a paper on the stairs connecting the first floor and the second floor of the instant house after administering the phiphone.

“In addition to making a confession to commit the instant crime and having the police seize it on the Defendant’s vehicle by notifying the location of the route by themselves,” ② The National Scientific Investigation Institute also presented its opinion that “In appraisal of the cause of fire carried out by the National Scientific Investigation Research Institute, artificially influences are two groups, such as the stairs between the first and the second floor inside the house and the second floor, and the outer be presumed to have been burned independently, and it is presumed to have been burned independently,” and ③ neighboring residents’O who first observed and reported the instant house was present at the lower court as a witness and present at the lower court in the witness. At that time, the lower court deemed that there was little flames only below the dwelling space at the time, and that there was no flame in the ceiling.

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