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(영문) 대구고등법원 2013.05.02 2012노343
현주건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of imprisonment, three years of suspended execution, three years of probation, and 80 hours of education) is too unreasonable;

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized that he/she committed all his/her crime and reflects the mistake; (b) the fact that the crime of this case was committed contingent; (c) the victim does not want the punishment of the defendant; and (d) the fact

On the other hand, the defendant's act of preventing fire on a building in which people live is highly dangerous to society, and in this case, the result of the fire-fighting building is heavy, such as the transfer of the fire-fighting building. Therefore, the defendant should be punished corresponding thereto.

In addition, taking into account the background leading up to the crime of this case and the psychological condition of the defendant, it is necessary to take probation and the psychological therapy for the defendant.

In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the pleadings of this case, such as the age, character and conduct, intelligence and environment of the defendant, motive of the crime, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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