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(영문) 부산고등법원 2013.10.17 2013노425
일반건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the Defendant’s mistake and reflected, and the victim was the Defendant’s wife by agreement with the victim, the fact that the Defendant appears to have come to commit the instant crime in a contingency under the influence of alcohol, the fact that the general structure and fire-prevention act did not attempt to prevent any further, and there are children who should support.

However, the crime of this case has the history of being punished several times due to robbery, injury by robbery, building intrusion theft, etc., and in particular, on February 15, 201, the defendant who was under the suspension of the execution of one year and six months, was sentenced to a prison term of one year and six months, and was trying to steals money and goods by intrusion on the convenience store operated by the victim at night, and fire prevention to the warehouse of the above convenience store, but the crime is serious to the attempted crime. In full view of the various sentencing conditions shown in the argument of this case, such as the age, character and behavior, environment, and circumstances after the crime, etc. of the defendant, the court below sentenced the maximum punishment to the punishment of the defendant through a discretionary mitigation, and it is not recognized that the sentence of the court below is improper.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.

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