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(영문) 대전고등법원 (청주) 2018.08.30 2018노76
현주건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the punishment (one year of imprisonment with prison labor and two years of imprisonment with prison labor for the purpose of preventing fire to the present building) declared by the court below (excluding the attempts to prevent the present building and the present building) is too unreasonable.

2. The Defendant, even in the past, was punished several times by a fine for a crime, such as intrusion upon a female’s residence, assaulting another person under the influence of alcohol, or disturbing a disturbance at a police station.

Furthermore, if the Defendant intrudes on the residence of the victim or assaults the police officer, etc. who was in a diplomatic relationship during the period of criminal trial due to a violation of the Road Traffic Act (drinking driving), and uses the stolen credit card as one's own, the Defendant attempted to stop on the entertainment drinking point on the ground that the Defendant was under the suspension of the execution, and did not make the credit card on the basis that the Defendant did not do so on the part of the victim, even though receiving the prior notice of the suspension of the execution, and did not do so on the part of the victim.

In light of the background and method of such crimes, the relationship between the defendant and the victims, etc., each of the crimes of this case is highly likely to be criticized and criticized, as well as to be a fundamental compliance consciousness for the defendant.

The defendant was unable to receive a letter from the victims.

However, there are extenuating circumstances such as the defendant's failure to commit the fire-prevention of this case, and the defendant's failure to commit the fire-prevention of this case, and the remaining crimes except the attempts to commit the fire-prevention of the present state structure are in the relation of crimes such as violation of Road Traffic Act (drinking) which has already become final and conclusive, and latter concurrent crimes under Article 37 of the Criminal Act, and the principle of equity with the case to be judged at the same time.

In the above circumstances, various records and arguments such as the defendant's age, sex, family relationship, environment, etc. are shown.

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