현주건조물방화미수등
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable. It is so unfair that the sentence of the court below against the defendant is sentenced to two months of imprisonment and one year of suspended sentence, one year of suspended sentence, one of the crimes in the holding, two(2) and three(3).
2. Determination
A. As to the crimes of Article 2-A and the crimes of Article 4 in the holding, in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that it is somewhat different from the appellate court’s opinion, to refrain from imposing a sentence that does not differ from the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court.
The Defendant, on the ground that her mother does not give money to her mother, is not likely to injure the victim by walking the victim’s head, etc. at several times, and even though there were several occasions of past violations of the Act on the Establishment of Local Reserve Forces Facilities, it is necessary to punish the Defendant on the ground that her mother committed a violation of the Act on the Establishment of Local Reserve Forces.
Considering such unfavorable circumstances, even if considering favorable circumstances, such as the fact that the defendant led to the confession of the crime, the victim withdraws his previous wishing to punish the defendant, and the need to consider equity with the case where the judgment became final and conclusive simultaneously with the case where the decision was rendered, the punishment of the court below which suspended the execution of the above punishment for a period of two months after the sentence was sentenced for the defendant, is too unreasonable.
Therefore, this part of the defendant's argument of sentencing is without merit.
B. With respect to the crimes No. 1, 2-B and 3 in the holding, the Defendant is the victim on the ground that her mother does not grant money to her mother D and her mother E.