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(영문) 서울고등법원 2016.09.22 2016노1844

일반건조물방화

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment of the defendant is recognized that the defendant repents his mistake, and that the defendant does not have the same criminal record.

However, the crime of this case was committed by setting fire to the households leased by the defendant among multi-household houses in which 10 households reside, and the nature of the crime is not good. The statutory punishment for the crime of fire prevention of the general structure of this case is imprisonment with prison labor for more than two years. The court below sentenced one year to the least amount of imprisonment after reducing the amount, and taking into account the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.