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(영문) 광주고등법원 (전주) 2018.11.13 2018노113
현주건조물방화등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The Defendant committed fire prevention by repeatedly attaching fire to vehicles, waste, etc. located adjacent to the her motherel, which were parked in the hospital building outer wall and the parking lot on the same day, when people put in the entrance of the her apartment parking lot and moved to the same place on the same day.

Fire-fighting crime is highly dangerous to public safety and peace, so it is necessary to punish it strictly because it may cause enormous damage to life, body, and property of many and unspecified persons.

The degree of fire by fire, such as a structure and a motor vehicle, caused by the crime of this case is not easy.

Some victims are demanding the recovery of damage and punishing the defendant.

This is an unfavorable circumstance to the defendant.

On the other hand, the defendant shows an attitude against the defendant when committing a crime.

The crime of this case did not cause any loss of human life.

Damage suffered by owners of damaged vehicles seems to have been recovered.

The defendant deposited KRW 500,00 for a medical corporation that operates a convalescent hospital in the court below, and the court displayed the intention of recovery of damage by depositing KRW 500,00 for the telecom owner.

There is no history of criminal punishment previously imposed by the defendant.

The defendant committed the crime of this case in the state that he was unable to take the drug due to a minor dispute between his family and his family while being suffering from her recognition decline, lack of judgment, and depression in the course of treating brain species that occurred in the juvenile season. Such mental problem, etc. seems to have affected the crime of this case.

Family members of the defendant are taking a warning of education and treatment of the defendant in the future.

(b) the defendant;

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