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(영문) 광주고등법원 2017.01.19 2016노426
일반자동차방화등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The main point of the grounds for appeal is that the court below's punishment (a three-year imprisonment, confiscation) is too heavy or (a defendant) it is too heavy.

2. The crime of this case is not likely to be committed in light of the circumstances and methods of the crime, where the defendant committed the crime of this case, committed a fire against a woman-friendly club and committed several times of punishment for the same larceny, and the property was habitually intruded into his residence and stolen property.

The fire-prevention crime was likely to cause more damage, such as the windows, etc. of neighboring houses, etc.

Nevertheless, the Defendant did not endeavor to recover damage and did not receive a letter from the victims.

However, the circumstances favorable to the defendant include: (a) the confession of all of the crimes of this case by the defendant and the misunderstanding of his mistake; (b) the return of some larceny damage to the victims; and (c) the defendant was arrested as a thief and investigated and led to the confession of other larceny crimes.

Considering the aforementioned favorable or unfavorable circumstances and other various conditions of sentencing, such as the Defendant’s age, sex, environment, the circumstances leading up to each of the instant offenses, and the circumstances after the commission of the offense, it does not seem that the lower court’s punishment is too heavy or unreasonable to the extent that it ought to be destroyed as it is too heavy.

All of the arguments of the defendant and the prosecutor are not accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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