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(영문) 부산고등법원 2015.08.12 2015노350
현존건조물방화
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the sentence of the court below's sentence against the defendant (one year and six months of imprisonment with prison labor, three years of suspended execution, etc.) is too unfasible and unfair.

Therefore, the crime of this case was committed with a text message that the defendant would no longer contact the victim C, and prepared gasoline to commit suicide before the victim, and destroyed the victim E, the owner of the above main building, and the victim C's property, which is the operator of the above main building, by setting fire at the existing main office of the victim, and bears the responsibility for the crime in light of the purpose of the crime and its contents, danger, etc. However, the defendant's deep reflects on the crime in light of the crime. Meanwhile, the defendant committed the crime of this case, even though the defendant sustained the 2 degree of image as the crime of this case, the defendant voluntarily surrendered to the police police immediately after the crime of this case, the victim did not cause harm to the life or body of others; the victims did not want punishment against the defendant; the victim did not want to have any criminal record beyond the fine; the victim did not want to commit the same kind of crime; and the sentencing condition under Article 51 of the Criminal Act and the enactment of sentencing guidelines and the sentencing guidelines for the sentencing committee of the Supreme Court.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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