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(영문) 대구고등법원 2020.12.03 2020노382
현주건조물방화치사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

A set of gas bags for a single-use, seized.

Reasons

Summary of Grounds for Appeal

A. The Defendant did not prevent a fire-fighting crime, such as the entries in the facts charged, and there is no fact itself between the scene of the crime.

B. The sentence imposed by the court below (17 years of imprisonment) is too unreasonable.

Judgment

A. The lower court also made the same assertion as the grounds for appeal on the assertion of mistake of facts, and the lower court, upon considering the circumstances stated in its reasoning, determined that the Defendant could sufficiently recognize the same fact as the facts constituting the crime in its judgment.

In full view of the evidence duly admitted and investigated by the court below, the court below is just in finding the defendant guilty of the death or injury caused by the present building, and there is no error of law by mistake of facts.

Therefore, this part of the defendant's argument is without merit.

B. The instant crime of determining unfair sentencing is likely to result in the death of two victims, who were living in the second restaurant by attaching a later to the restaurant where B resides in, on the idea that the Defendant sent an unfounded answer to the absence of basis to the same market merchant B, who is the same market merchant.

As a result of the Defendant’s crime, the victims were not only in favor of their lives, but also caused the pain and extreme fear during the process of causing the death, and the bereaved family members were also suffering from the injury that is difficult to recover.

The defendant is consistently denying his criminal act after the investigation agency to the trial of the party.

There was no full recovery of human and material damage caused by the instant crime, and the Defendant did not have been used from the market merchants who suffered damage to their bereaved families or property.

However, the defendant is the age of 69 years and the actual age of the defendant is 73 years of age as 1947. However, the defendant is a AL student on his resident registration.

On December 3, 2007, a long period of outpatients, etc. is provided with outpatients, etc.

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