beta
(영문) 부산고등법원 2016.12.21 2016노661

현주건조물방화미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime; (b) the Defendant committed the instant crime by influenceing his wife; (c) the Defendant committed the instant crime by committing an attempted crime; and (d) the injury was not severe; and (c) the victim did not want the Defendant’s punishment.

On the other hand, the crime of this case was committed by the Defendant, by setting aside the way in which the Defendant was living, and was attempted to extinguish the situation in which the person exists. If the victim did not promptly extinguish, the damage to human life or property was likely to occur, and the Defendant attempted to prevent another fire again after the extinguishment of the victim, and the crime of this case was committed again during the period of repeated crime, and other various sentencing conditions specified in the argument of this case, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the crime, are considered comprehensively, the sentence of the lower court is too unreasonable.

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