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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.07.29 2015노1545
일반건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. A board: ① there is no particular criminal history except that the Defendant was punished once by a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents prior to the instant case; ② all of his criminal acts are recognized and the mistake is divided in depth; ③ there are circumstances that may be considered in the motive leading to the commission of the crime; ④ the victim has repaid and agreed to pay damages; ⑤ the fact that the Defendant has faithfully worked in public office for a long period of time without any particular error; ⑤ the fact that the Defendant and his spouse’s health conditions are not good, etc. are factors favorable to the Defendant.

On the other hand, ① the crime is not limited to one time and repeated several times, ② the result of the crime is not that of the defendant, which is disadvantageous to the defendant.

여기에 피고인의 연령, 성행, 환경, 범행의 동기와 경위, 수단과 결과, 범행 후의 정황, 대법원 양형위원회의 양형기준에 따른 권고형량의 범위 ▣ 재물손괴죄에 대하여는 양형기준이 설정되어 있지 아니하므로 각 일반건조물방화죄에 양형기준을 적용한 권고형의 하한만을 고려함 ▣ 법률상 처단형의 하한 : 징역 1년 이상(법정형의 하한은 징역 2년이나 작량감경을 함)

(a) Where the general standard for the crime of destroying a structure (crime 1) on January 17, 2014 / [the scope of recommending punishment] is the special mitigation range (6 months to 2 years of imprisonment) (special mitigation range) (special mitigation range) of types 2 (Setting-up of general buildings, etc.) and the special mitigation range (6 months to 6 years of imprisonment) and 3 years of imprisonment or the motive for committing a crime, and there are special extenuating circumstances, the amount of

B. On September 8, 2014, the general standard for the crime of fire-prevention of a general structure (in the case of crimes No. 2) / [the scope of recommending punishment] where there are grounds for special mitigation (one to six months of imprisonment) (special mitigation) (one to two years of imprisonment) for committing a crime, or for motive for committing a crime.

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