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(영문) 부산고등법원 (창원) 2018.03.28 2018노4
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the judgment - The defendant recognized all of the crimes of this case.

- There was no damage from fire and no damage to property caused by theft.

Unless there is a special reason, the defendant tried to prevent fire to the fourth debt of a building in which many people live.

In addition, by opening six doors of one victim vehicle, the article was stolen.

The nature of the crime is bad in light of the circumstances and frequency of the crime.

- The Defendant committed the above crimes without being aware of the past (40 days) at the time when he was sentenced to suspended sentence once and two times of imprisonment, and was released from prison.

- The victims are punished by the defendant because they did not make particular efforts for the recovery of damage.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위 : 징역 1년 6월 ~ 25년 ◈ 양형기준에 따른 권고 형량의 범위

(a) The current owner's building and fire prevention [type determination] The general criteria, type 1 (Setting fire to the present owner's building, etc.) [Special Sentencing factors] and mitigation factors: None of them [the territory of recommendations and the scope of recommendations] basic area: Imprisonment with prison labor for 2 years to 5 years;

(b) The attempt to prevent fire to the current owner's building: Since it is an unregistered crime, the sentencing criteria do not apply; and

(c) An attempt of larceny: Since it is a single crime, the sentencing criteria do not apply.

D. Scope of recommended punishment after applying the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years (the lower limit of the sentencing criteria is limited as the crimes for which the sentencing criteria are set and the crimes for which no sentencing guidelines are set are set are concurrent crimes under the former part of Article 37 of the Criminal

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