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(영문) 울산지방법원 2015.04.03 2014노934

현존건조물방화예비

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. According to favorable circumstances, such as the following: (a) the instant crime was conducted in preparation for the instant crime; (b) the Defendant divided his mistake into several customers and employees; (c) the Defendant appears to have suffered from depression, etc. at the time of the instant crime; (d) the Defendant did not have any criminal record of probation or higher; (b) the instant crime was conducted in preparation for gasoline at the main points operated by the de facto woman; (c) the Defendant’s body and face of the victim; and (d) smoking in and around the main entrance; and (e) it seems highly likely that it would lead to actual fire prevention; and (e) the Defendant was unable to receive 1st sentence by public notification; and (e) the Defendant was subject to 7th order by public announcement; and (e) the Defendant continued to have received 4th order by public announcement from the district court having jurisdiction over the victim’s address; and (e) the Defendant was subject to 1st order by means of an act of spreading gas by public announcement, etc. prior to his address.

The age, character and conduct, the environment, the motive and circumstances of the crime, the means and results of the crime.