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(영문) 부산고등법원 (창원) 2013.11.15 2013노195
자기소유일반물건방화
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (the fine of KRW 5,00,000) on the summary of the reasons for appeal is too unreasonable; and

2. Determination factors are recognized, such as the confession of the instant crime and the fact that the Defendant appeared to repent of the instant crime, that the Defendant did not lead to a large number of fire, that there was no loss of human life or any particular property damage, and that the Defendant appears to be a contingent crime while drinking alcohol.

However, the crime of this case is also recognized as a disadvantageous sentencing factor, such as the fact that the Defendant committed the crime of this case in approximately four months from the time when the execution of imprisonment was completed due to the crime of violation of the Act on the Control of Narcotics, Etc. (fence). The Defendant committed the crime of this case on the grounds that the Defendant was fluoring and extinguishing fluoral oil in the chemical team on the grounds that it was dead that the Defendant was fluor of his family, and the nature of the crime is not good.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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