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(영문) 대전고등법원 2013.10.30 2013노374
현주건조물방화등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (two years and six months of imprisonment, and confiscation) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. In light of the fact that each of the fire-fighting crimes of this case committed by the Defendant in the judgment on the grounds of appeal is highly likely to cause harm to human life and property, and in fact, there is no special consideration in the motive leading to the fire-fighting, and that the Defendant did not take any measures to recover damage caused by each of the fire-fighting crimes of this case, it is necessary to punish the Defendant with severe punishment.

However, in full view of various circumstances such as the defendant's age, character and conduct, motive for committing a crime, and circumstances after committing a crime, the punishment sentenced by the court below cannot be deemed to be too weak or unreasonable, in light of the following: (a) the defendant seems to have committed a fire-prevention crime of this case in a state of lacking judgment ability due to a drunken drinking; (b) the fire-prevention of the groom room was attempted; and (c) there was no loss of human life; and (d) the defendant seems to be forced to depart from Korea; and (e) the defendant appears to be forced to depart from Korea; and (e) the punishment sentenced by the court below is deemed to be too weak or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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