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(영문) 청주지방법원 2019.08.14 2018노1272
현주건조물방화예비등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for a period of two years of imprisonment with prison labor for one year, two years of suspended execution, and forfeiture of evidence 1 and 2) is too unhued and unreasonable.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing at the trial were revealed during the hearing of the lower court, and no particular change of circumstances is found in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

Furthermore, in full view of the sentencing grounds cited by the court below and other various sentencing conditions specified in the records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment cannot be deemed to have exceeded the reasonable scope of discretion in sentencing, and thus, the prosecutor's assertion is not acceptable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in the application of the law of the court below, it is clear that "1. commercial concurrence" is a clerical error in the application of the law of the court below, that "However, the lowest limit is determined by it, which is prescribed by the current structure and the crime of fire prevention," and "a..." in the "election of the punishment" is a clerical error in each "election of imprisonment", and therefore, it is obvious that "a fine (the crime of special destruction and damage)" is a clerical error in each "election of

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