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(영문) 광주지방법원 2017.06.14 2017노1356
일반건조물방화예비등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

one lux (No. 1) of seized food e.g.

Reasons

1. The decision of the court below (No. 2 years and six months of imprisonment, and No. 1 of the confiscation) on the summary of the grounds for appeal is too unreasonable.

2. Determination is an unfavorable circumstance that the Defendant committed each of the crimes of this case without being aware of it during the period of repeated crime due to larceny.

However, the fact that the defendant made a confession of all of the crimes of this case and reflects his mistake in depth, and that the defendant made a favorable agreement with the victim E of the crime of damaging special property, and the victim G of the crime of damaging special property.

In addition, when comprehensively considering the circumstances of each of the crimes of this case, the circumstances after the crime of this case, the Defendant’s environment, etc., and the various sentencing conditions indicated in the records and the theory of changes, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s above assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 175, 166(1) (other buildings in reserve) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act (the occupation of an injury, the choice of imprisonment with prison labor), Articles 258-2(1), 257(1) (the choice of imprisonment with prison labor) of the Criminal Act, Articles 258-2(1), 257(1) (the occupation of special injury), 261, and 260(1) (the selection of imprisonment with prison labor) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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