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(영문) 수원지방법원 2014.06.26 2014노2211
현존건조물방화예비등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable (two months of imprisonment and confiscation).

2. The judgment of the court below is unreasonable in full view of various factors of sentencing indicated in the instant case, including the following: (a) the Defendant made a confession of all the crimes; (b) the Defendant committed a contingent crime under the influence of alcohol; and (c) the Defendant appears to have committed a criminal act more than 20 times in favor of the Defendant; (d) the instant crime appears to have been committed by the realization of the Defendant’s habits; (b) the Defendant committed the instant crime since ten (10) days have not yet passed since the judgment of suspended execution became final and conclusive; (c) the police officer who performed official duties; and (d) the police officer taken a bath to commit the instant crime; and (e) the preparation to commit a fire to the police box, etc.; and (e) other unfavorable factors of sentencing as indicated in the instant case, such as the Defendant’s age, character and behavior, occupation and family environment

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

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