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(영문) 대구고등법원 2017.05.15 2017노118

현주건조물방화치사등

Text

The defendant's appeal is dismissed.

Reasons

In light of the various sentencing conditions in this case, the sentence imposed by the court below (eight years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the fact that the Defendant appears to be aware of and reflect against the instant crime, appears to have committed the instant crime in a somewhat dynamic and contingent manner, the Defendant’s growth in an unstable environment, the Defendant did not have any history of criminal punishment except for a fine once, and the Defendant, the young age of the instant case, would have been subject to considerable mental shock and future punishment, is expected to have been given to the Defendant, which is favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant by setting fire to the house of his mother victim, resulting in the death of the victim F residing in the upper floor due to the toxic gas from the process, resulting in the injury of the victim G, and resulting in the injury to the victim G. In light of the motive, method, and content of the crime, the crime is very poor in light of the motive, method, and contents, and the crime is very heavy, and the crime is a crime detrimental to public safety and peace, which may cause serious damage to the large number of lives and property, and thus, the crime of this case is a highly dangerous criminal. In fact, the damage to property generated by the crime of this case actually led to the result of the serious and serious escape of life, and the bereaved family members of the victim who died until the death of the victim until the trial of this case request the punishment of the defendant, etc., disadvantageous to the defendant.

As above, comprehensively taking into account all of the sentencing factors favorable or unfavorable to the defendant, such as the age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, circumstances before and after the crime, etc., and all of the sentencing conditions stated in the records and arguments in this case, and the lower court shall take into account such sentencing conditions.