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(영문) 대구고등법원 2014.03.13 2014노1
현주건조물방화
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case was committed by the defendant by setting fire to the house of neighboring residents on six occasions, and setting fire to the house and household tools.

It seems that the victims suffered great damage due to the failure of the victims to recover damage after the crime of this case, since the victims suffered a serious damage due to the depression of the victims or the transfer of their houses.

However, there are extenuating circumstances, such as the fact that the Defendant had no past record of criminal punishment before committing the instant crime, the Defendant has a deep depth of his mistake, and the Defendant has a mental retardation disorder.

As above, in full view of various factors of sentencing as shown in the arguments in this case, including the Defendant’s age, criminal records, character and conduct, environment, motive and background leading to the instant crime, and circumstances before and after the instant crime, including each of the sentencing factors favorable or unfavorable to the Defendant, the lower court’s sentence against the Defendant falls under the scope of the appropriate punishment according to its liability, and it is not deemed that it is too heavy or unreasonable.

Therefore, the Defendant and the prosecutor’s argument of unreasonable sentencing cannot be accepted.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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