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(영문) 부산고등법원 (창원) 2015.12.23 2015노340
현존건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles as to the point of time when the crime of destroying existing structures or structures was committed, and thereby adversely affecting the conclusion of the judgment, even though the Defendant, at the time of this case by mistake of facts and misunderstanding of the legal principles, posted gasoline on the floor of the law, but only on the ground that the stone room or the floor was destroyed, and did not reach a state of independent burning and burning by the law itself.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles on the present residential building fire-prevention can be based on the name in which the damaged building was in a state of burning the object by itself, regardless of the object which is the object which is the object which is the object of chemical power (see, e.g., Supreme Court Decision 2006Do9164, Mar. 16, 2007). 2) In full view of the evidence duly adopted and examined by the court below, legal principles, and the following circumstances recognized by the rules of evidence, the fact-finding and determination by the court below are lawful, and this part of the defendant's assertion is without merit.

① According to images, the damaged building of this case was a wooden part, such as floor, wall, ceiling, etc., and a stone embankment, etc. was installed.

② Due to the Defendant’s fire prevention, one of the countries was shotised with shotbles attached to the floor of the damaged building.

(C) In light of the fact that there was a wide range of fire on the floor immediately after the Defendant puts a fire, it is confirmed that there was a wide range of fire on the floor of the party immediately after the Defendant puts a fire.

④ 피해건물이 완전히 소훼되지 않은 것은 신도들이 곧바로 화재 발생을 알아채고 비치된 소화기를 사용하여 불을 껐기 때문인 것으로 보인다.

(5) The defendant.

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