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(영문) 부산고등법원 (창원) 2013.08.09 2013노178

일반건조물방화

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (two years of imprisonment) shall be too unreasonable;

2. Determination is recognized as a favorable sentencing factor such as the fact that the defendant recognized the crime of this case as well as the fact that the defendant committed the crime of this case by drinking alcohol, the fact that he seems to have committed the crime of this case by contingently after drinking alcohol, the fact that he/she must support his/her mother and his/her family, the fact that he/she has to go through industrial accidents, the fact that he/she is in a state of fluority by suffering from industrial accidents, and the fact that he/she has been sentenced to a suspended sentence of one year for a prison term of imprisonment in six months since he/she was sentenced to a suspended sentence of six months

However, the defendant, who entered the victim's bitra which does not have any relation with one's own home, destroyed the parking lot of Bara by attaching fire to the strings loaded on the parking lot, and there was a very poor quality of the crime, the defendant's crime of this case was likely to cause a serious damage to the neighboring building due to the crime of this case, and there was a very heavy liability for the crime of this case, and the crime of this case has not been recovered from damage to about 86 millions.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's assertion 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 ground that it is without merit. It is so decided as per Disposition.