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(영문) 서울고등법원 2018.02.09 2017노3626
현주건조물방화미수등
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The Defendant used the victim’s assault and detained the victim during his/her teaching service, and threatened the victim with the victim, thereby avoiding contact.

During the night of Korea, the Defendant tried to distort a building in which the victim and his family members reside.

The risk of serious damage, such as death or injury of many people residing in a building, is likely to occur.

The victim is suffering from the punishment of the defendant in response to serious mental symptoms.

These points are disadvantageous to the defendant.

The defendant shows his attitude to repent and reflect his mistake.

The fire was removed from the building, and there was no particular damage caused by fire.

These points are favorable to the defendant.

In addition, considering the defendant's age, sex, environment, family relations, records of crimes, circumstances after crimes, and results, the sentence of the court below is appropriate.

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals filed by the Defendant and

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