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(영문) 서울고등법원 2017.12.21 2017노3243
현주건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds of appeal is unreasonable as it is excessively unreasonable compared to the extent of the Defendant’s responsibility.

2. The judgment below held that the crime of this case is a crime that may harm public safety and peace and may cause serious damage to life and property of the large number of people, which is inferior to its nature, the crime of this case during the suspension of execution is committed under the circumstances unfavorable to the defendant while considering the fact that the crime of this case was committed during the suspension of execution, there is room for recovery of economic damage to the owner of multi-household housing with the security deposit of the defendant, and that there is no record of the same crime, and that there is no record of the same crime in favor of the defendant, the court below sentenced the sentence of imprisonment with prison labor, which is the most weak term within the recommended sentence according

Such determination of sentencing by the court below is reasonable within the scope of reasonable discretion by taking into account the following factors: Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc.; and Defendant’s assertion that the punishment imposed by the court below is too heavy cannot be accepted: (a) there is no obvious change in the sentencing conditions that can correct the judgment of the court below in the first instance.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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