(영문) 서울고등법원 2020.08.21 2020노1073 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 서울고등법원 2020.08.21 2020노1073

일반물건방화등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment, and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court determined that: (a) the Defendant was sentenced to a punishment against the Defendant; (b) the Defendant destroyed another’s property due to unfavorable circumstances; (c) destroyed another’s property on the ground that the Defendant was in weather; and (d) caused public danger by setting fire on the goods owned by the Defendant; (b) the Defendant was punished on two or more occasions by a suspended sentence; (c) the Defendant committed each of the instant crimes during the suspended execution period due to another crime (crime of Information and Communications Network Act, etc.); and (d) the Defendant committed a crime of fire prevention under the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc.; and (c) the Defendant committed a crime of fire prevention under the favorable circumstances; and (d) the Defendant was committed against his mistake in relation to each of the instant crimes; and (d) the Defendant appears to have committed a crime of causing serious harm to the life or property of a dead citizen by mutual consent with the victim of the damage to property, etc.

The lower court seems to have imposed a sentence within the reasonable scope of discretion, taking full account of the aforementioned various circumstances into account.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of unfair sentencing through the statement of grounds for appeal have already been considered by the lower court in the process of determining the sentence as above, and there is no special circumstance to change the sentencing of the lower court.

Therefore, we cannot accept all the defendant's and prosecutor's allegation of unfair sentencing.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, Article 364(4) of the Criminal Procedure Act is applicable.

참조조문

-정보통신망 이용촉진 및 정보보호 등에 관한 법률

-형사소송법 제364조 제4항

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