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(영문) 대구지방법원 2016.12.16 2016노4122

현존건조물방화예비

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The crime of this case was prepared in advance for the purpose of harming the hot spring used by the public, and the risk of the act was very heavy, and the occurrence of serious consequences may occur.

However, the Defendant recognized the instant crime and committed a mistake, and there is no record of being punished for the same kind of crime, and some of the circumstances leading to the instant crime may be considered.

In addition, it seems that the defendant could have prevented the occurrence of additional damage by reporting the fact of the crime of this case to the police by himself, and in other words, it is hard to refrain from committing such crime.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, and criminal records, it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.

3. The prosecutor's appeal of conclusion 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.