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(영문) 광주고등법원 (제주) 2021.01.20 2020노87
일반건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment, etc.) is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). B. In light of the foregoing legal doctrine, the foregoing case is examined.

In full view of the circumstances alleged by the Defendant as an element of mitigation of sentencing, the circumstances that the Defendant asserted as an element of mitigation of sentencing were already revealed in the proceedings of the lower court’s oral proceedings, and there was no particular change in circumstances in the matters subject to sentencing after the pronouncement of the lower judgment (not later than anything else, the victim did not have been recovered from damage to the victim). In full view of the Defendant’s age, career, sex and environment, motive and background of the crime, circumstances after the crime, etc., and the scope of the recommended sentences according to the sentencing guidelines set by the Supreme Court’s Sentencing Committee, the lower court’s sentencing that took into account not only the Defendant’s unfavorable circumstances but also the circumstances favorable to the Defendant was committed within the reasonable scope of discretion, and thus, it is reasonable to respect the sentencing of the lower court that took into account not only the circumstances unfavorable to the Defendant when the Defendant

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "resident" of the 14th page of the judgment below is "resident", "the testimony" of the 2nd page 10 is "statement", and "51" of the 12nd behavior is "16."

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