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(영문) 인천지방법원 2017.08.31 2016노2020
공용건조물방화예비등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (two years of suspended execution of imprisonment for a term of eight months, surveillance of protection, community service, confiscation) is too unreasonable.

2. As to the crime of intrusion on a special structure, the victim of the special assault is deemed to have led to the confession and reflect on the crime. Since the victim did not want the punishment of the defendant, such circumstances shall be taken into account.

However, the criminal liability of the defendant is not against the law.

There are a large number of criminal records, observe protection, and imposing a community service order.

The decision is judged.

Examining the documents submitted by the defendant, such as a medical doctor's medical certificate, it is deemed that the health is not good, but it is insufficient to recognize that the performance of community service order is impossible.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to the costs of lawsuit of the original instance.

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