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(영문) 대전고등법원 2013.12.04 2013노445

현주건조물방화미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. The judgment on the grounds of appeal is a favorable circumstance in determining punishment for the following facts: (a) the defendant is against all the facts of the crime; (b) an contingent crime committed for the purpose of recording the body above the trend while living in a old room; (c) the crime was committed; (d) E wishes to take the part against the defendant; (e) the owner of the building wishes to take part in the defendant; and (e) there is no previous charge prior to the instant case.

However, in full view of all other circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., that the Defendant did not know himself during the period of probation and led to the instant crime; that the building that was the object of fire prevention was used by the general public; that human life damage would have occurred if he was involved; and that all other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc.

Therefore, the defendant's argument cannot be accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.