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(영문) 부산고등법원 2013.05.08 2012노723
일반자동차방화방조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the defendant's punishment (a prison term of eight months, a suspended sentence of two years, and a community service order of 80 hours) declared by the court below is too unreasonable for the defendant, and the prosecutor argues that it is too unreasonable for the prosecutor to do so.

2. The fire-fighting crime of this case was committed against a cargo driver who does not participate in the strike to maximize the strike effect of the CBA. The act of fire-fighting in this case was committed in a planned and sealed manner, such as systematically sharing the role and searching for the cargo in advance. In order to avoid water death, the act was committed in a place without CCTV by preparing a largephone and a large-scale vehicle, and then by burning the large-scale vehicle, it was committed in a planned and sealed manner. The damaged vehicle up to 20 vehicles up to 20 vehicles up to 1.16.7 billion won, which is a crime against a cargo driver who lives as a major means of living, and it was committed against a cargo driver who has been divingd within the damaged vehicle at the time of the crime of this case. The act of this case was committed against a cargo driver who was committed as a major means of living. The act of this case, as long as there was a person who was within the damaged vehicle, it was obvious about the day of the damage to human life, the difficulty of the cargo driver and the purpose of the C trade union.

In full view of the fact that illegal and violent acts such as the act of fire prevention in this case are not permissible, the defendant's mistake is very large.

However, considering the fact that the defendant reflects his mistake, the defendant has no criminal records other than being punished twice as fines, and the fact that the cargo driver who is in the position of the socially weak is a cargo driver, there are some circumstances to consider the motive or circumstance of the fire prevention of this case, the fact that all the victims of the fire prevention of this case have agreed with the victims of the fire prevention of this case, and other various conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, family relation, etc., the court below shall comprehensively consider the defendant.

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