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(영문) 울산지방법원 2016.11.11 2016노1541

현주건조물방화예비

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the suspended sentence imposed by the lower court for six months of imprisonment is too unhued and unreasonable.

2. The instant crime committed on the part of the Defendant, upon receiving a report from the police officer on the part of the Defendant, who was frightened after the husband’s fighting and was frightened to fire at his own house, was acting as if the Defendant was frightened with the Defendant’s frightened and frighted, thereby releasing carbon gas from the police officer.

The fact that the police officers pressure the police officers to commit the current state building and fire, and the nature of the crime was inferior in light of the details of the crime, the attitude of the crime, etc., and the fact that the fire leads to the fire, if the fire leads to a large number of people and property, the damage that could not be complied with and may threaten the public safety, etc. are disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crimes in this case and is in a deep depth, the defendant appears to have committed the crimes in this case in a somewhat contingent and contingent state immediately after the defendant fighting while under the influence of alcohol, that there was no substantial damage due to the preliminary crime, that there was no substantial damage, that G, the defendant who was the defendant at the time when the defendant intended to release but did not go to go to the base by leaving the mine, wanting to go back again in the court below and the court below, and that the defendant was the first offender who had no record of criminal punishment before and after the crime in this case, and other factors of sentencing as shown in the arguments in this case, such as the defendant's age, character and behavior, family environment, motive and background of the crime, the means and consequence of the crime, and the circumstances before and after the crime, it is not recognized that the punishment imposed by the court below is unfair.

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