일반자동차방화방조등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
, however, the defendant.
1. The summary of the grounds for appeal asserts that the defendants' excessive unreasonable with regard to the punishment (two years of imprisonment, one year and six months of imprisonment, one year and six years of suspended execution) declared by the court below against the defendants, and the prosecutor argues that it is too unreasonable.
2. Determination
A. In order to maximize the strike effect of the F organization, the fire-fighting crime of this case against Defendant A was committed by harming cargo vehicles that did not participate in the strike. To systematically share the role of the F organization and colors the vehicle subject to fire-fighting in advance, while committing the crime at an unsagnating site by preparing a sponphone and a sponular vehicle to avoid water death, and then sponing the sponular vehicle to the sponing and unsponing the sponed vehicle. The damaged vehicle up to 20 vehicles, which is a crime against the sponing driver who is a major means of living with the 1.16.1 billion won amount of direct physical damage, and the damage was committed against the sponing driver who used the sponular vehicle as a main means of living at the time of committing the crime of this case. The fact that the sponnick in the damaged vehicle is obvious to the date of human life damage on the sponn.
In light of the fact that illegal and violent acts, such as the instant fire-prevention act, are not permissible, and that the Defendant had been sentenced to one year imprisonment with prison labor on February 1, 2008 due to the same criminal act, and that there are many other criminal records, the Defendant’s error is very large.
However, considering the fact that the defendant reflects his mistake and the poor reality of cargo drivers, there are some circumstances to consider the motive or circumstance of the crime in this case, and in the case of the present main building and fire prevention of the present main building in this case, it is also one reason to reverse the agreement on compensation for damages concerning the uniform accident on the part of the company.