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(영문) 서울고등법원 2014.12.24 2014노3233
일반건조물방화등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment and one year of suspended sentence, two years of suspended sentence, and probation) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is determined by the Defendant’s act of setting fire to two placards for exclusive use of election ships, one container, and one motorcycle for five minutes on the ground that the Defendant’s wife stands, and thus, may lead to a large amount of fire or human life damage, and thus, the social risk was considerably high. Moreover, the damage of the banner for exclusive use of election ships constitutes an infringement on the elector’s right to know and undermining the usefulness of election management, etc., and thus, the Defendant’s criminal liability cannot be deemed to be light.

However, in full view of the favorable circumstances such as the Defendant’s age, family relation, criminal record, relation, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, etc., it is difficult to deem that the Defendant’s punishment imposed by the lower court is too minor, in full view of all the sentencing conditions such as the Defendant’s age, family relation, criminal record relation, personality and conduct, means and method of the crime, and circumstances after the crime.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless.

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