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(영문) 부산고등법원 (창원) 2015.03.18 2014노403

현주건조물방화등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year, six months of imprisonment and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case recognized by the evidence, the evidence, the rule of evidence, and the legal principles are the crime of this case committed in the relationship between the defendant and the victim C, the structure in which the victim C resides, the structure in which the victim C resides, and the structure in which the victim C is a restaurant operated by the victim. In light of the motive of the crime and the details of the crime and the risk of fire-prevention, the crime is not good, and each structure that the defendant's fire was destroyed in considerable part of the structure used as a residence, and there was enormous property and human life damage if the whole building spreads a bruth. In particular, the defendant left the fire of the restaurant operated by the victim again after about 10 hours from the fire to the structure in which the victim is living, and there was a power that the defendant was punished for driving without a license even before, or there is an objective and neutral sentencing factor.

However, it is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors such as the fact that the defendant's mistake is recognized and reflects the defendant's mistake, that the defendant did not spread out of the part of the building that the defendant was fired, that there was no particular loss of human life, that the defendant agreed with the victims, that the defendant did not have any record of punishment due to violent crimes such as fire, etc.

As above, the sentencing factors and the scope of recommended sentences on the sentencing guidelines, the statutory punishment for the crime of the present building and fire prevention (a life imprisonment or imprisonment of not less than three years) with heavier punishment among each of the crimes in this case, and the applicable sentences on the crime of the present building and fire prevention (a life imprisonment or imprisonment of not less than three years), the sentencing cases on the present building and fire prevention, the defendant's age