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(영문) 부산고등법원 (창원) 2014.09.17 2014노176
현존건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year and six months of imprisonment, three years of suspended execution, two years of probation, etc.) is too unreasonable.

2. Although the defendant did not have the degree of mental disorder but seems to have reached the instant crime by contingency and shock, the defendant is divided and reflected in his criminal act, the defendant has no record of criminal punishment other than that sentenced to a fine six times due to a double-class crime, the defendant has no record of criminal punishment as well as the records of criminal punishment, as a result result, rapid extinguishment in a large length, there has been no particular loss of human life, and D has no particular loss of human life, and D wanting the defendant to be present at the court of the original trial and wanting to take a prior action against the defendant.

However, the crime of this case, which is recognized by evidence, evidence law, and legal principles, was committed by the defendant's living female D and his mother, who are dissatisfied with F's attitude, and the defendant d and F talked with drinking, and the defendant d and F talked with drinking, and the defendant d and F talked with music points used by many people. The crime of this case, which is found by D and F, was committed fire prevention at the singing points where many people use, and the crime of this case was committed in this case. The crime of this case, which is found by evidence, evidence law, and legal principles, is recognized as an unfavorable sentencing factor or neutral and objective sentencing factor, such as the spread of the length to the whole building of the singing points, and the risk of human life damage, as well as the crime, and the crime

The above sentencing factors and Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, the circumstances after the commission of the crime, etc., as well as various circumstances revealed in the arguments, including the crime, and the statutory punishment of the instant crime is either life imprisonment or imprisonment for a limited term of not less than three years, and the lower court stated in its reasoning in the instant case in which the Defendant has no reason for repeated mitigation, such as mitigation

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