beta
(영문) 대전고등법원 2016.06.24 2016노12

현주건조물방화

Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor appealed on the grounds that the sentence of the court below, which sentenced the 3-year suspended sentence to the 2-year imprisonment with prison labor for the criminal facts stated in the judgment below, is too minor.

Unlike the prosecutor's assertion, the crime of fire prevention is likely to harm public safety and peace and cause damage to an unspecified large number of unspecified people's lives and property, and the crime of this case actually committed by the defendant has a large amount of fire to the extent that the 1 unit of the house was in front, due to which the defendant committed the crime of this case, it cannot be ruled out that there was a danger of large-scale human life or property damage as a result of another house near the brush and thus, it could not be ruled out that there was a danger of large-scale harm to the family in the process of investigation immediately after the crime. It is sufficiently acceptable that there is a sentencing factor that must respond to

However, according to the records, while the Defendant is running a long-term family life, and a deep conflict between his wife and his wife has been formed, and return to his wife after voluntary retirement led to the family life of his wife and his wife, and the framework of the conflict is more deepening, the Defendant seems to have reached the remaining crimes of this case where the de facto conflict with his wife with his wife is strongly expressed in the outside area due to breathing the failure of his married father’s family, and then the conflict with his wife was strongly expressed in the outside area.

Although the defendant, even if only during the investigation process, did not overcome the above conflict and did not bring about a threat to his family, it seems that he tried to recover the smooth family relationship with the crime of this case and his wife in depth.

The defendant's wife and children are also aware that the cause of the conflict is not only the defendant, and thus, they will overcome the conflict together.