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(영문) 창원지방법원 2019.01.17 2018노2293

현주건조물방화예비

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended sentence, one year of suspended sentence, and confiscation) is too unhued and unreasonable.

2. The crime of this case committed by the judgment defendant is likely to cause a large number of harm to life, body, or property, and thus, it is necessary to strictly punish the crime of this case.

However, in light of the following circumstances: (a) the Defendant is a primary offender and is against the crime; (b) the Defendant committed the instant crime due to the infertility between his/her family members, but his/her family members wanted the Defendant’s prior wife, and (c) the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime; and (d) other various factors that form the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the sentence of the lower court is too

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