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(영문) 대구고등법원 2015.10.15 2015노379

현주건조물방화등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is serious in that the defendant received psychotropic drugs philophones twice, and administered them three times, and destroyed them by setting fire to the three-story commercial building that had been leased with the previous wife and his wife, and therefore, the contents and the method of the crime are not good. In particular, the crime of fire prevention of this case could harm the public safety and peace and inflict serious harm on the life and property of a large number of people.

In addition, even though the above fire-prevention crime caused property damage exceeding KRW 43 million, the defendant did not take any specific measures to recover damage and did not receive a letter from the victim.

In the past, the defendant had been sentenced to a punishment for narcotics crimes, and even though he was sentenced to a suspended sentence due to the violation of the Act on the Control of Narcotics, etc., the defendant committed the crime of receiving and administering the instant phiphones of the same kind.

On the other hand, the defendant has no record of being punished for a crime of fire prevention, and all of the crimes of this case are recognized to reflect his mistake in depth.

Despite the fact that the defendant's wife has lost his base of life due to the defendant's fire-prevention crime, the defendant's wife is called the defendant's wife.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too heavy or unreasonable.

Therefore, the defendant.