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(영문) 대전고등법원 (청주) 2014.11.20 2014노157
현주건조물방화등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The Defendant’s family members suffered damage, such as loss of the base of life, due to the fire-prevention of the entire building due to the fire-prevention crime of this case. At the time of the fire-prevention crime of this case, not only the Defendant but also the Defendant’s son at the time of the crime of this case, there was a risk of causing harm to human life, and the Defendant was unable to escape from disturbance, such as taking a bath against his family members or destroying things from time to time under the influence of alcohol. As such, the Defendant appears to have suffered a lot of physical and mental harm, and the Defendant is still under the suspension of indictment due to the fire on the back side of his her son, and the Defendant was under the disposition of suspension of indictment. However, it does not seem that he did not want the result of the thought that the Defendant’s family members were under the influence of alcohol and did not want to suffer from the fire-prevention crime of this case, after the crime was reported to the police station for a long time, the Defendant’s motive and circumstances favorable to the victim’s life, and the Defendant’s chronic injury.

The grounds for appeal are justified.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts.

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