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(영문) 서울고등법원 2015.04.17 2014노3942
현존건조물방화미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment (a prison term of three years, confiscation, and collection) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unreasonable.

2. In the judgment of the defendant when the defendant was in the trial, all of the crimes are recognized and reflected, and the defendant cooperates with the investigation of drug crimes related to the instant phiphone crime, etc. are favorable to the defendant.

However, narcotics-related crimes are highly likely to have an adverse impact on the individuals as well as society as a whole due to their toxicity, and the defendant has started to refrain from committing the instant phiphones in the remaining one month after the execution of imprisonment with prison labor due to phiphones, and the number of times of the crimes and the transfer of phiphones handled are not many.

In addition, the defendant tried to administer philophones while being investigated into the crime of philophones in the instant case and by setting fire to the hotel which is familiar with the situation of philograms.

In the case of a hotel with the 15th floor at the time, most of the guest rooms (as about 97.7%) are replaced, it would be possible to cause human damage to the white life, such as the guest, employee, etc. if the stringr operated from time to time and the fire was not extinguishing, and property damage caused by fire is also reasonable.

Nevertheless, the Defendant did not take any measures to recover damage on the hotel side.

In full view of the following circumstances, the Defendant’s age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime was committed, and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court is too unreasonable.

The defendant and the prosecutor's assertion are without merit, since they cannot be deemed to be unfair or too unfortunate.

3. Accordingly, the appeal by the Defendant and the Prosecutor is groundless.

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