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(영문) 부산고등법원 (창원) 2017.02.15 2016노323

일반건조물방화등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for four years, Defendant B, and C shall be punished by imprisonment for three years, respectively.

Reasons

1. The summary of the grounds for appeal that the lower court sentenced the Defendants (five years of imprisonment, four years of imprisonment, four years of imprisonment, and four years in case of each of Defendant A, Defendant B, and C) is too unreasonable.

2. Each of the crimes of this case was committed by the Defendants in collusion at night with the intention of receiving insurance money. The crime of this case was committed in a very poor manner in the nature of the crime and the method of the crime. The crime of fire prevention of this case is a crime detrimental to public safety and peace, which may cause serious damage to a large number of people's lives and property, and in fact, there was a high risk of property damage equivalent to 1.22 million won due to the crime of fire prevention of this case. If the fire of this case was not discovered early, there was a risk of other damage because it was destroyed to nearby buildings, etc., and although the insurance fraud of this case was committed in attempted to commit the crime of this case, although the insurance fraud of this case was committed, the insurance money that the Defendants attempted to obtain by the Defendants is very large amount, the Defendants were the criminal charges of this case, such as Seoul, Jinju-ju, Korea, telephone or telephone call, and planned to remove the vehicles under the name of others.

그러나 피고인들이 당 심에 이르러 이 사건 각 범행을 모두 인정하면서 반성하고 있는 점, 이 사건 보험 사기 범행이 미수에 그친 점, 피고인 A이 소훼된 프로 스펙스 L 대리점 건물을 원상 복구하여 준 점, 프로 스펙스 가맹사업의 사업주로 피고인 A에 대하여 미수금채권을 가지고 있는 주식회사 엘에스넥트웍스가 피고인 A 등의 재산에 대한 집행을 통해 미수금...