beta
(영문) 부산고등법원 2016.07.21 2016노306

현존건조물방화

Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the Defendants (the first instance judgment: Defendant L, two years imprisonment, and second instance judgment: imprisonment of eight months) is too unreasonable.

B. The sentence sentenced to the Defendants by the first instance trial of the Prosecutor is too uneasible and unreasonable.

2. Determination

A. Part of Defendant L on the case, several favorable circumstances for Defendant L, which were shown in the proceedings of the original trial and the trial of the court below (the Defendant L recognized the instant crime and divided his mistake)

The crime of this case committed by Defendant L in collusion with Defendant A and destroyed the existing commercial building in which the victim V, an employee, etc., had been employed under the same circumstance as the crime of this case. In light of the motive, circumstance, means and method of the crime of this case, and result, the crime of this case is more serious in nature in light of the crime of this case. Although the crime of this case committed by the Defendant did not completely destroy the restaurant operated by the victim R because the inside of the restaurant operated by the victim R was completely damaged and the damage was caused, the agreement or complete recovery was not made between the victim R and the owner of the headquarters and the commercial building, the victim L also deposited KRW 20 million in the court below for the victim R, and there was no previous criminal conviction for the defendant) and various unfavorable circumstances (the crime of this case committed by Defendant L, which committed the crime of this case was committed by Defendant L, is too serious in terms of the motive, circumstance, method and consequence, etc. of the crime of this case, the victim R and the victim's family relation, and the motive and circumstances of this case.