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(영문) 광주고등법원 2015.02.05 2014노474
현주건조물방화등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. The degree of illegality in itself is high in that the instant crime is likely to undermine public safety and peace and cause serious harm to the life and property of another person.

Furthermore, the possibility of criticism is reasonable in that the defendant's living together with the house of a female living together destroyed the entire house by using gasoline solely on the ground that he/she is avoiding himself/herself, and the damage caused by the above crime is also hot.

This is disadvantageous to the defendant.

On the other hand, the following facts are the circumstances favorable to the defendant: (a) the defendant led to the confession and reflect of the crime of this case; (b) the defendant committed the crime under the influence of alcohol on the idea of hedging with a woman living together who thought that he would return his life; (c) the defendant voluntarily surrendered after the crime; (d) the court below paid the victim a sum of KRW 60 million to the victim; and (e) the victim wanted the defendant's wife by agreement; (e) the defendant also suffered a video that requires approximately 4 weeks medical treatment due to the crime of this case, and has been detained for 5 months or longer; and (e) the defendant has no record of criminal punishment exceeding the fine, including the same kind of power, and (e) the defendant has no record of criminal punishment exceeding

Considering the above grounds for sentencing, various circumstances revealed in the arguments in this case, including the Defendant’s age, character and conduct, family relationship, environment, etc., and the recommended punishment by the Sentencing Committee of the Supreme Court (one year and six months to three years), the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. As the appeal by the defendant is well-grounded, the guilty part of the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

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