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(영문) 서울고등법원 2013.03.15 2012노4383

현주건조물방화미수

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of 10 months of imprisonment sentenced by the court below against the defendant is too unreasonable.

Judgment

The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects his mistake, that the victim did not want the punishment of the defendant, and that the defendant does not have the same criminal power.

However, if the defendant gets out of a house where many people, including the victim, live, and escaped immediately, and if the defendant gets out of a house where many things, such as paper strings, which can easily extinguish by fire, are dusted and fireed in a narrow string, which is highly inflammable, such as a newspaper site, etc., so if the defendant did not rapidly extinguish by residents, it would pose a risk of causing serious damage to life, body, and property of the brut people, and even before the crime of this case, the defendant was investigated by the police even before the crime of this case. However, considering the fact that the defendant committed assault against the victim and was investigated by the police, it is very poor to commit the crime of this case for the reason that the victim is not in contact with the defendant.

In addition, considering the circumstances that led to the instant crime and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and arguments, even if considering the favorable circumstances of the Defendant, the lower court’s sentencing is too unreasonable compared to the degree of the Defendant’s responsibility, even if it is deemed that the lower court’s sentencing is too unreasonable, which has sentenced to a punishment that differs from the maximum applicable sentencing under the law that has undergone statutory mitigation and discretionary mitigation.

Therefore, Defendant’s ground of appeal cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.