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(영문) 부산고등법원 (창원) 2017.01.25 2016노436
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated on the first trial date of the first trial of the first instance, that “the defendant does not add any reason for appeal other than sentencing unfair” and withdraws his argument to the effect of mental and physical weakness.

The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.

2. Each of the crimes of this case, the judgment of the court below, each of the crimes of this case, which was committed by the defendant, was committed against the existing building in which people have been living together by putting a fire to the entire room through a dives of the influence, and by intrusion into the influence guide room, and the nature of the crime and the method of committing the crime is very poor. The crime of destroying the existing structure of this case is a crime detrimental to public safety and peace, which may cause serious damage to the lives and property of the large number of people and thus, it is highly dangerous criminal. In fact, there were many people living in the apartment where the defendant was living in the apartment where the defendant's fire was committed, and there was a history that the defendant was punished several times for the crime of fire prevention and theft, and in particular, on August 28, 2013, the defendant was sentenced to imprisonment with prison labor at the Changwon District Court's assistance center, etc., which was committed against the defendant during the execution period of the crime of this case, and the defendant did not recover from May 27, etc.

On the other hand, all of the crimes of this case are recognized by the defendant, and the defendant committed each of the crimes of this case in a state of mental and physical weakness due to the boundary function and drinking, etc. are favorable to the defendant.

In addition, the above circumstances and the defendant's age, sex, environment, motive, means, and consequence of the crime.

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