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(영문) 서울고등법원 2015.09.09 2015노1924
현주건조물방화
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, one year and three years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The crime of this case is deemed to be committed by the Defendant among the buildings owned by the victim D, and the crime of this case is likely to cause serious damage to the lives and property of the large number of people, and its social risk is very high.

In addition, not only caused considerable physical damage, but also the above building that the defendant's fire was a multi-household house consisting of underground floors, second floor and rooftop rooms, and has actually been residing by several households, so the crime of this case may cause a number of damages to human life.

This is disadvantageous to the defendant.

However, it seems that the defendant led to the crime of this case in order to lead the defendant to commit the crime of this case, such as the confession of the crime and the submission of several rebuttals, there is no record of the crime exceeding the same kind of criminal record or fine, the defendant's reliance on his personal affairs, such as economic difficulties, etc. after putting the previous wife and telephone, and committing suicide. Therefore, there are some circumstances to consider the situation, and the defendant's deposit money can be seen as recovering considerable damages to the victim D, who is the owner of the above house, by deducting the repair cost, etc. due to the crime of this case. The victim D want not to be punished against the defendant, but wanted to take the preference of the defendant, and the victim and his family members, such as the former wife, wanting to take the preference against the defendant.

In addition to these circumstances, the records and arguments of this case, including the defendant's age, character and conduct, family environment, family relationship, motive, situation before and after the crime, circumstances after the crime, and sentencing guidelines of the Supreme Court Sentencing Committee, are shown.

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