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(영문) 부산고등법원 (창원) 2018.10.10 2018노174
현주건조물방화등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's appeal 1) The court below erred in the misapprehension of the facts as to the defendant's fire prevention as to the crime of fire-prevention against the main building among the crimes in the judgment below.

However, the defendant did not have intention to prevent fire at the time.

Therefore, there is an error of misunderstanding of facts in the decision of the court below.

2) The punishment sentenced by the lower court to the Defendant (a 3 years and 6 months, etc.) is too unreasonable.

B. The reasoning of the prosecutor’s appeal that the court below rendered against the defendant is too unfasible and unreasonable.

2. Determination

A. As to the Defendant’s criminal intent to commit the fire of the present main building, the lower court determined as to the Defendant’s factual mistake, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., the Defendant 500 square meters, putting the Defendant into the heart with gasoline on the growth bottle, and putting the gasoline on the emergency floor of the above hospital, and fluoring the gasoline into a single-use bottle. There is no room for dispute as to the occurrence of a fire, and ii) around 15:30 on the same day before committing the instant fire-prevention crime, the Defendant and the nurse during the process of being treated in an emergency room in the hospital, resulting in a fluoring with the Defendant, and thus, i.e., “not to keep the hospital”.

In the trial of the court below, the defendant appealed to the purport that the treatment of the nurse himself was unfair during the trial of the court below, and in particular, the defendant revealed a strong reflective impression about the male nurse H, and there was a motive for the defendant's fire prevention.

It can be seen that the Defendant, immediately before committing the crime of the fire of this case, committed a fire again, with the words “h nurse,” which read in front of the emergency room, “h nurse is deducted.”

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