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(영문) 대구고등법원 2013.12.05 2013노487
현주건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (nine months of imprisonment) is too unreasonable;

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized that he/she committed his/her crime and reflects his/her mistake; (b) caused the instant crime by contingency; (c) there was no loss of human life; (d) the Defendant was disabled persons with a physical disability Grade 6; and (e) only before the Defendant was sentenced to

On the other hand, the defendant's act of setting fire to a building in which people live is highly dangerous in society.

In the instant case, even though the building was destroyed to the extent that the repair cost exceeds KRW 20 million and the damage was great, the Defendant did not recover the damage.

These circumstances are disadvantageous to the defendant.

In addition to this point, in full view of the various circumstances that serve as the conditions for sentencing as shown in the arguments in this case, including the Defendant’s age, character and conduct, intelligence and environment, motive for committing a crime, and circumstances after committing a crime, the lower limit of the recommended punishment according to the sentencing guidelines [decision of type], general standards, fire prevention (type 1), such as the present main structure (type 1), [the scope of the recommended punishment] from 1 year and 6 months to 3 years (the scope of mitigation). It is not recognized that the lower court’s sentence is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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