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(영문) 서울고등법원 2014.01.22 2013노3939

현주건조물방화

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (limited to six months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of social service) is too unhued and unfair.

However, in full view of all the sentencing conditions, including the defendant's age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, method of the crime, circumstance after the crime, etc., even though the defendant had been sentenced to a suspended sentence of the past execution, the defendant's fault is against his own mistake, the victim does not want the punishment of the defendant, and the victims do not want the punishment of the defendant, the defendant's age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, etc., the prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.