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(영문) 광주고등법원 2015.01.29 2014노481

현주건조물방화미수등

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The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unhued and unreasonable.

Judgment

The Defendant, by setting fire to the beds in his room, caused the victim, etc. to have a house living together with the victim, cut gas supply stuff used in the above house, and then leaked gas to inflict bodily injury on the victim. Fire or gas leakage is a crime detrimental to public safety and peace, and it is highly dangerous that the risk may be infringed on the life and property of another person, which is caused by a large fire, and thus, the crime of this case is not subject to punishment, but is disadvantageous to the Defendant.

However, the Defendant appears to have committed the instant crime in a contingent manner while under the influence of alcohol due to combustibility, taking into account the following circumstances: (a) the Defendant appears to have been under the influence of alcohol, the Defendant’s mistake is divided into two months, and reflects his fault; (b) the fire was committed in an attempted crime; and (c) the damage was not significant as a result of early extinguishment of a fire; (d) the victim wanted the Defendant’s wife by mutual consent with the victim; and (e) the Defendant has no specific penalty power; and (b) other circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfeasible enough to reverse.

In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.