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(영문) 대전고등법원(청주) 2020.11.26 2020노137
현주건조물방화등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable;

2. The Defendant, in the past, destroyed the outer wall of the building by setting fire to the waste bags in front of the restaurant building operated by the victim, on the ground that the victim I neglected himself, and setting fire to the victim L-owned signboard without any justifiable reason.

The crime of fire prevention is likely to cause a large fire and cause many casualties, and the defendant has a high possibility of criticism in that he/she commits each of the crimes of fire prevention of this case during the suspended execution period due to the same kind of crime.

The defendant did not make efforts to extinguish after the escape from fire immediately and did not recover from damage. It is also disadvantageous to the defendant.

On the other hand, however, the Defendant recognized all of the instant crimes and divided them into depth.

There was no actual loss of human life or significant property damage because the defendant's fire was moved to inside or outside the commercial building.

In the case of each of the larceny crimes in this case, the value of the stolen object is not large as a crime due to living altitude, and among them, golfization is returned to the victim F, and the victim F does not want to be punished by the defendant.

Furthermore, considering the criminal history and health status of the defendant, it seems that proper psychological treatment and assistance for the defendant should be accompanied, but it will be possible to prevent recidivism in the future.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, and all of the sentencing conditions indicated in the instant case’s records and arguments, and the Defendant’s imprisonment without prison labor or heavier punishment is finalized in the instant case, the sentence imposed by the lower court is somewhat more than the sentence imposed.

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