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(영문) 부산고등법원 2013.07.17 2013노254
현주건조물방화치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Influor, seized Bolars shall be influor.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is too unfeasible that the sentence imposed by the lower court (three years of imprisonment, four years of probation, probation, 80 hours of community service order, 40 hours of alcohol treatment lectures, and 40 hours of attending lectures) is too unfasible.

2. The judgment is favorable to the defendant, such as the following: (a) the defendant is both trying to commit an offense; (b) the defendant was sentenced to a fine due to a violation of the Punishment of Violences, etc. Act; (c) there was no criminal record of imprisonment without prison labor or heavier punishment; and (d) the defendant agreed with the victim H of the thief crime; (c) the defendant does not want the punishment; (d) the defendant led to each of the instant crimes under the influence of alcohol; (e) the defendant was under the influence of alcohol to return to society normally after treating the proof of alcohol, etc.

However, each of the fire-prevention offenses of this case is set annually at a restaurant room, beauty art room, and Gosiwon who had worked before the Defendant her night time without any particular reason. In light of the circumstances, frequency, method, etc. of the crime, the crime is highly poor in light of the nature of the crime, and the crime of fire-prevention is highly likely to cause serious damage to human life, body, property, etc., and in particular, the fire-prevention public official was set at the place where 40 people are living at the time of the fire-prevention public official, and most of the residents might have been faced with enormous damage. The victim H who actually resided in the public official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official

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