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(영문) 대구지방법원 2016.04.01 2016노561
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes and is in profoundly against the victim’s depth, and the victim’s injury is not severe, and the victim complained of the Defendant in agreement with the victim.

However, the Defendant committed the instant crime without being aware of the fact that the Defendant had been guilty of violence, as stated in the first head of the facts constituting the crime in the judgment of the court below, and was sentenced to a punishment as a preliminary crime against a structure and fire in the probation period, and was serving in prison, and was serving as a repeated offender.

In addition, the crime of setting fire to the current owner's building of this case is likely to cause serious harm to human life and property, so it is inevitable to severely punish the defendant.

In addition, considering the Defendant’s age, sex, family environment, motive and background of a crime, means and consequence of a crime, and various conditions of sentencing, etc., even if considering the various favorable circumstances asserted by the Defendant, the punishment determined by the lower court is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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