beta
(영문) 서울고등법원 2017.03.23 2017노58

현주건조물방화등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to commit a fire to the present structure.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport as the assertion of mistake of the above facts in the lower court, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of committing the crime of Paragraph 2 of the lower judgment based on the circumstances in its reasoning admitted by the evidence adopted by the lower court. In addition, the lower court’s determination is justifiable in light of the following circumstances, i.e., “the fact that the Defendant was found to have been used to attach fire to the Defendant’s main machine immediately after an urgent arrest (the page 27 of the investigation record)” that can

The above assertion by the defendant is without merit.

B. On the grounds of sentencing, comprehensively taking into account all the conditions of the argument and the record of the instant case, including favorable circumstances, unfavorable circumstances, including the Defendant’s age character and character environment, the relationship with the victim, motive means of crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

The above assertion by the defendant is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.