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(영문) 서울고등법원 2020.02.13 2019노2222

현존건조물방화미수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment, forty hours of order to complete a child abuse treatment program, confiscation, and three years of order of restriction on employment of child-related institutions) is too unreasonable.

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

2. The lower court determined: (a) the Defendant, as his father, abused the victim by using violence, etc., although he was responsible for protecting the victim’s physical and mental growth; (b) the Defendant resisted the victim by using violence, etc.; (c) the Defendant, upon reporting at the school of this case, who became aware of such fact, was subject to a decision of temporary measures such as prohibiting access to the victim by the court; (d) instead, attempted to find the school of this case and spread out the same by using a dog; and (e) the school of this case is an elementary school used by approximately 950 students and school-related parties; and (c) it is apparent that the instant fire-fighting behavior would have caused serious injury if the Defendant was not controlled by the police officer; (d) although the crime was committed before the students attended, etc., but it was obvious that the students and their parents, who were educated at the school of this case, had been subject to education at the school of this case, and thus, attempted to do so by using the Defendant’s spouse, including imprisonment with prison labor and criminal punishment for the Defendant.