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(영문) 대전고등법원 (청주) 2013.11.07 2013노128

현주건조물방화등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and ten months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. There are favorable circumstances, such as the fact that the defendant divided the wrong facts, that there was no loss of human life due to the fire prevention of this case, that insurance money is paid to the victim C of the fire prevention of this case, that the defendant does not want the punishment of the above victims under the agreement with C and the victim'sO of the damage to property of this case, and that the defendant subscribed to comprehensive insurance in relation to traffic accidents.

However, the crime of fire prevention is highly likely to cause serious harm to the lives, bodies, property, etc. of people who are in heavy danger of public safety and peace; the size of property damage caused by the fire prevention of this case exceeds 38 million won; the defendant escaped without any measures taken by the victims of the traffic accident; the defendant was unable to agree with the victims of the traffic accident of this case; the defendant was punished by various acts of violence or drinking, etc.; and other circumstances that form the conditions for sentencing as shown in the arguments and arguments, such as the defendant's age, character and conduct, environment, and the circumstances leading to the crime of this case, etc., it cannot be deemed that the court below's punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.