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(영문) 서울고등법원 2016.06.30 2016노1116
현주건조물방화
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, and confiscation) is too unhued and unfair.

2. The lower court determined that: (a) the Defendant committed the instant crime, (b) the Defendant committed the instant crime by contingently and plannedly, not leading to the commission of the crime; (c) the victims do not want the Defendant’s punishment; (d) the Defendant did not have any past record of punishment; and (e) the Defendant’s house, in addition to the Defendant’s house, causes considerable damage to the neighbor’s house; (vi) if the fire has spread further, there was a risk of causing a large number of damage to human lives; (vii) the Defendant did not put two lanes on another place and did not endeavor to prevent the extinguishment or spread of damage, and (vii) the Defendant did not make efforts to prevent the spread of damage, taking into account the circumstances unfavorable to the Defendant, together with the following factors, set the term of imprisonment within the recommended scope of the punishment according to the sentencing guidelines set by the Supreme Court sentencing committee, and suspended the execution of the sentence in accordance with the sentencing guidelines set forth in the sentencing guidelines.

Such determination of sentencing by the lower court is deemed to have been conducted within the discretionary scope of reasonable sentencing, taking into account all the conditions of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, sex, environment, background and consequence of the commission of the crime, and circumstances after the commission of the crime. There was no presentation of circumstances to change the sentencing of the lower court in the first instance trial. Therefore, it cannot be deemed to have been unfair since the sentence imposed by the lower court is too unafford compared to the Defendant’

The prosecutor's improper argument in sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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