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(영문) 의정부지방법원 2019.08.13 2019노1527
현존건조물방화예비등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year and confiscation) imposed by the court below is undue.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the instant crime during the repeated crime period after being sentenced to imprisonment with prison labor for a period of eight months or more due to the crime of interference with business, etc., and released on the revocation of detention, etc., and the nature of the crime is very poor, the confession of the crime, and the victim D, who is pro-friendly, does not want to be punished by the Defendant), including all sentencing conditions (including the fact that a restaurant with multiple customers and employees, does not want to be punished by the Defendant) shown in the records and arguments of the instant case, and thus, did not accept the Defendant’s new sentence of punishment by taking into account the following circumstances: (i) the Defendant’s new evidence that it could not only be deemed that the victim of special intimidation was a crime; and (ii).

3. Conclusion.

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