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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.
2. The crime of this case is a case where the defendant, who was operating the business of repairing and selling air compressors by leasing another person's warehouse, destroyed the warehouse by some means to acquire fire insurance money, and attempted to acquire large amount of insurance money by claiming fire insurance money from an insurance company.
The court below set a sentence within the range of recommended sentencing guidelines of the Supreme Court sentencing committee, considering the following: (i) the Defendant was disadvantageous to the Defendant; (ii) there was no substantial property damage caused by a fire crime; (iii) there was a risk of causing enormous damage to neighboring buildings, etc. if the instant fire was not discovered early; and (iv) the Defendant did not completely separate his errors until the judgment of the court below was rendered; and (iii) the instant fraud crime was committed under favorable circumstances; (iv) there was no fault; (iv) D, the owner of the building, received some insurance money through the mortgagee; and (v) there was no criminal record exceeding the same criminal record or fine; and (iv) there was no criminal record beyond the same criminal record or fine.
Further, in addition to the above circumstances, D, the victim of the instant fire, received some insurance money from the insurance company, and there is no evidence that the Defendant took any measure against D or the insurance company to recover damage caused by the fire crime, including the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, circumstances after the crime, etc., the lower court’s sentencing seems to have been appropriately determined.
When the defendant was in the trial, all of the crimes of this case are recognized and his attitude is against his mistake, and the health condition of the defendant shows his attitude.