logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.10.27 2017노206
현주건조물방화예비등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the sentence of two years of suspended execution in the month of imprisonment with prison labor, and the community service work for eight hours) is too unfasible and unfair.

2. The judgment of the court below is an unfavorable circumstance where each of the crimes of this case is committed by the defendant, when making several times of the victim's face and head, causing injuries to cryp, spons, spons, etc. which require two-time medical treatment, or committed the crime of this case without being able to contain gasoline in plastic containers on the victim's body and the restaurant floor operated by the victim, and as the victim spreads the victim's body on plastic containers, and then sprinks into the restaurant floor, sprinks, which are located in the present cafeteria, and the crime is not very good, and the crime is deemed to be committed in light of the contents of the crime. The preliminary crime of fire prevention of the present wing structure of this case is likely to be highly dangerous in light of the contents of the crime. The defendant committed the crime of this case without being able to do so even though he had had been punished several times in light of the records of the crime

However, considering the favorable circumstances such as the Defendant’s confession of each of the crimes in this case, the Defendant appears to have committed each of the crimes in this case, the Defendant appears to have been under the influence of alcohol, the Defendant’s failure to punish the victim by agreement with the victim, and the Defendant’s age, sex behavior, environment, motive and circumstance leading to the instant crime, means and consequence, and all of the other factors of sentencing indicated in the records and arguments of this case, such as the circumstances after the instant crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is unexistent and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

arrow