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(영문) 대법원 2013.04.25 2013도2783
현주건조물방화등
Text

The appeal is dismissed.

In the name of the crime in the judgment of the court below, the term "on the residential building fire prevention" is recognized as the name of the crime.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just and there is no violation of law by failing to exhaust all necessary deliberations or by misapprehending

In addition, the judgment of the court below did not err in the application of the Acts and subordinate statutes concerning the crime of attempted fire prevention.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, may be appealed on the ground that the amount of punishment is extremely unreasonable. Thus, in this case where three years have been sentenced to imprisonment with prison labor for the defendant, the argument that the sentence is too unreasonable cannot

In addition, other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

Therefore, the appeal shall be dismissed. Since there is an obvious error in the indication of the name of the crime in the judgment below, it shall be corrected in accordance with Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent

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