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(영문) 광주지방법원 2015.09.16 2015노341
현존건조물방화예비등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment with prison labor, three years of probation, one hundred and twenty hours of community service order, confiscation) is too uneased and unreasonable.

2. Determination is an act that cannot be justified in that the Defendant carried gasoline, which is a dangerous object without undergoing the objection prescribed by the Act, on the ground that he/she did not obtain the results of the investigation that he/she wants, and caused decentralization in the public prosecutor's service center, may cause a significant risk to the safety of prosecutor's public officials working in the office building as well as many civil petitioners.

In addition, the defendant committed the obstruction of performance of official duties on the ground that the administrative disposition of past public officials is not against his mind.

However, in full view of the following facts: (a) the Defendant recognized his mistake and reflects; (b) the Defendant did not put gasoline and thus did not actually pose a practical danger; (c) it did not engage in future occupation; (d) the Defendant has been engaged in the same occupation in good faith; (c) the most supporting the family; and (d) the facts found in the public service center of this case after the decision of the lower court were rendered, but there seems to have existed no assault or intimidation against public officials; and (d) other factors of sentencing specified in the argument of this case, such as the background of the crime of this case, circumstances after the crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too uneasible

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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