(영문) 서울고등법원 2017.11.10 2017노1652 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2017.11.10 2017노1652

현존건조물방화미수등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. According to the testimony of witnesses, such as J and I, the Defendant intentionally misunderstanding the facts, when considering the following: (a) the Defendant, at the time of the instant case, did not turn off the floor board and confirmed the fact that he left the site, and considering the location and material of the damaged changeer, it is difficult for the Defendant to take the body of his hand against the Defendant’s son with his her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

may be appointed by a person.

Nevertheless, the judgment of the court below that acquitted the existing structure, attempted fire prevention, and damaged property among the facts charged in the instant case is unreasonable.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. On February 19, 2017, the Defendant failed to commit fire to the existing structure or fire on the part of the facts charged. Around February 19, 2017, on the ground that he could not be known while drinking alcohol in the room room where the Defendant was living in the second floor of the Jongno-gu Seoul Metropolitan Government G Building, the Defendant attached a fire to the guns of the bruma in possession and moved the bruma to the floor vinyl at that place.

Accordingly, the Defendant tried to fire by setting fire to and burns the building of the above G G G G G building, which is owned by a large number of neighboring residents and used as a residence. However, the Defendant did not commit an attempted crime but did not commit an attempted crime with the wind, which is discovered to the neighboring residents, such as I, as far as smelling together with smoke.

B) On February 19, 2017, at around 19:26, the Defendant damaged the victim H-owned change equipment to cover approximately KRW 200,000,000,000, by cutting off a water tank cover with hand from public toilets located on the second floor of the said G building.

2) The lower court, based on the evidence duly adopted and examined, comprehensively considered the circumstances established based on the evidence.

유사 판례

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-창원지방법원 2018.06.14 2018고합75

-대전고등법원 2016.06.17 2016노108

-창원지방법원 2018.12.06 2018고합191

-대전지방법원 홍성지원 2017.02.15 2016고합91