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(영문) 대전고등법원 (청주) 2014.10.23 2014노124

현주건조물방화

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and ten months of imprisonment) is too unreasonable; and

2. Determination:

A. The lower court: (a) caused considerable harm to human life and body because of the act of breaking away from a building in which a person is living; (b) caused considerable harm to human life and body; and (c) caused a fire to the fourth floor of the building in which the wife and his wife were used as a residence; and (d) the Defendant: (a) caused the destruction of gasoline on the fourth floor of the building in which the wife and his wife were used as a residence; (b) there is no reason to take into account the motive for the crime; (c) there was a significant risk of committing a crime by using gasoline; (d) the wife and wife of the Defendant moved out of the building in this case, but the building in this case had resided in other persons than the Defendant’s family; (c) there was sufficient possibility that human life damage may occur; (d) there was considerable amount of damage from the crime in this case as KRW 98 million; and (e) there was no agreement with the victim; and (e) the Defendant recognized that the crime in this case was committed in violation of the conditions of imprisonment for one year and its punishment.

B. Examining the record in light of the circumstances cited in the grounds of appeal, the lower court’s sentencing is not deemed unfairly heavy.

The grounds for appeal are without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.