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(영문) 대전고등법원 2015.12.11 2015노534
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The court below's imprisonment (three years of imprisonment) is too heavy.

2. The lower court, as indicated in its reasoning, comprehensively based on the circumstances unfavorable to the Defendant and favorable to the Defendant, and determined the sentence against the Defendant as the maximum applicable sentences under the law.

In the instant fire prevention crime committed by the Defendant, who is a social work personnel, for the purpose of evading the duty of military service solely on the ground that the workplace of a sanatorium for the aged is not in mind, not only the danger in the method or result, but also the motive thereof, and also committed the thief in the sanatorium for the aged, and thus, the instant thief crime was committed. In addition to the instant fraud crime committed during the service period and the instant special larceny crime committed in addition to the crime committed during the instant service period and the instant special larceny crime committed immediately after the escape from the service period, it cannot be said that the public duty imposed under the Constitution is unlimited to the act of taking the responsibility for unresponsibility.

The damage caused by the crime is not recovered most during the period of repeated crime.

Considering the circumstances of the defendant's appeal as the reason for appeal, it is inevitable to severely punish the defendant.

Nevertheless, the lower court’s punishment against the Defendant not only falls under the lowest sentence among “a prison term of three or more years,” which is the legally applicable sentencing range, but also falls under the sentencing criteria of the Supreme Court Sentencing, on the grounds that in the case of sentencing guidelines for the crime of fire-prevention of the present state structure in four to seven years, which is the scope of the sentencing guidelines of the Supreme Court Sentencing, there exist “influenable motive,” which is the special sentencing factor, as the special sentencing factor, the scope of the recommended punishment for the above crime shall not be deemed to be “two to five years,” which is the basic area, as in the judgment of the lower court, and it shall not be deemed to be “four to seven years,” which is the aggravated area.

The sentence of the court below cannot be deemed improper because it is too unreasonable, as alleged by the defendant.

Therefore, it is true.

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