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(영문) 부산고등법원 2013.05.08 2012노741
일반자동차방화방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (one year of imprisonment and two years of suspended execution) declared by the court below is too unreasonable, and the prosecutor asserts that the defendant is too unreasonable.

2. The fire-fighting crime of this case was committed against a cargo driver who does not participate in the strike in order to maximize the strike effects of the C organization. The act of fire-fighting in this case was committed in a planned and sealed manner, such as, in order to avoid water death, the act was committed in a place without CCTV by systematically sharing a role, and the act was committed in preparation for a largephone and a large-scale vehicle, and then the large-scale vehicle was imprisoned, and then the damaged vehicle was 20 vehicles, and the damage was committed against a large amount of 1.16.7 billion won in direct material damage, and the damage was committed against a large amount of 1.6.7 billion won in direct material damage, and as a major means of living with a cargo vehicle. Since there was a person who has been diving within the damaged vehicle at the time of the crime of this case, it was clear that the damaged vehicle was damaged by the date of human life damage, the reality of the cargo driver's difficulty and the purpose of the business of the C organization's business.

In full view of the fact that illegal and violent acts such as the act of fire prevention in this case are not permissible, the defendant's mistake is very large.

However, considering the fact that the defendant reflects his mistake, the fact that there is no other criminal records other than the punishment of a fine imposed four times in violation of the Road Act, the fact that cargo drivers who are in the position of the socially weak are in the position of the socially weak, there are circumstances to take into account the motive or circumstance of the crime of this case, the fact that all victims of the crime of this case agree with the victims of the crime of this case, and other various sentencing conditions in the arguments of this case, such as the defendant's age, character, conduct and family relationship, the punishment imposed by the court below is too heavy or more.

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