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(영문) 부산고등법원 2016.06.15 2016노220

현주건조물방화미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (one year and six months of imprisonment and three years of suspended execution, etc.) is too unhued and unreasonable.

2. The instant crime was parked without any particular reason by the Defendant.

In light of the fact that there was about 50 persons, such as the believers and the new school students in the church, and the family members in the new church, and the new church, and the new church in the place where they are in the place where they are in the past, are formed pleasantly, and they were attempted to extinguish the church building by attaching the office documents on the ground that there was a string of 50 or more persons, such as the old and new school students within the church at the time, and so if the fire was not extinguished on time, there was a large scale of human life and property damage.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and is detained for a period of two months; (b) the Defendant committed a contingent act under the influence of alcohol; (c) the Defendant committed an attempted crime; (d) the prevention of fire to a church building; and (e) the physical damage therefrom was not significant; (d) the Defendant’s age has not yet been subject to criminal punishment until now; (e) the victims want to have the Defendant’s wife by mutual consent with the victims; and (e) other various sentencing conditions specified in the instant argument, such as the Defendant’s age, sex, family relationship, and circumstances after the instant crime, it does not seem that the sentence imposed by the lower court is too small and thus unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.