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(영문) 대전고등법원 2020.05.29 2020노101
일반건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment and three years of suspended execution) is too unreasonable;

2. The lower court, based on the circumstances favorable to the Defendant, determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., considering the following factors: (b) the Defendant’s risk of committing the instant crime, which was destroyed by inflammable substances, is disadvantageous to the Defendant; (c) the Defendant recognized and reflected the Defendant’s criminal act; and (d) the Defendant has no record of criminal history

In full view of the elements of the sentencing expressed in the course of the lower court’s examination, the lower court’s determination did not seem to have exceeded the reasonable bounds of its discretion, and there is no change in the sentencing condition that is unreasonable to maintain the lower court’s determination as it is.

Therefore, the defendant's assertion is not accepted because the sentence of the court below is too unreasonable.

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

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