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(영문) 대구지방법원 2019.08.30 2019노2077

현존건조물방화예비등

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the gist of the reasons for appeal (one year of imprisonment and confiscation) of the lower court, the prosecutor asserts that the Defendant is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his/her mistake and reflected his/her father, and that the defendant supported his/her mother and his/her dependent.

On the other hand, the crime of this case was committed by the Defendant, on the ground that the victim of joint assault committed a horn on the road, assaulting the victim along with the Defendant’s daily behaviors while booming the victim on the ground that the victim had a horn on the road. In the event that the police officers were arrested in flagrant offender by the police officers, the police boxes were planned to find the crime of fire by using gasoline and ter. In light of the circumstances of each crime, the nature of the crime is poor in light of the circumstances of each crime, and there was a risk of causing serious harm to the life and body of police officers who performed official duties

Furthermore, the defendant has been punished several times for violent crimes and obstruction of performance of official duties even before.

These points are disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the fact that there are no special circumstances or changes in circumstances that make it possible to change the sentencing after the judgment of the court below, it cannot be deemed that the lower court’s punishment is too light or unreasonable to the extent that it is deemed that the lower court’s punishment exceeded the reasonable scope of discretion.

3. The appeal by the conclusion prosecutor and the defendant is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.