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(영문) 부산고등법원 (창원) 2019.03.13 2018노329
일반물건방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and two million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized each of the instant crimes, and recognized the mistake in depth; (b) the area of the instant land was not wide; and (c) property damage was not significant.

On the other hand, the defendant's act of fire prevention and fire extinguishing of this case caused danger to public safety, human life, and property, which might lead to a large fire, and the defendant committed again the crime of refusing to take a drinking test of this case even seven times the previous records of punishment for drinking driving or refusing to take a drinking, which are disadvantageous to the defendant.

In addition to the above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, all the sentencing conditions as shown in the argument of this case, such as the circumstances after the crime, the scope of applicable sentences under law, and the scope of sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (at least one year of imprisonment)

(a) Scope of punishment by law: Imprisonment with prison labor for a period from one year to 13 years, and a fine not exceeding 15 million won;

(b) Sentencing criteria for the crime of fire-prevention of general goods (the type of crime) and the general criteria for the crime of fire-prevention: Type 3 (General Goods Fire-Fighting) (the special person), mitigation factors (the scope of recommending punishment in cases where actual damage is minor) (the scope of recommending punishment), mitigation area, six months to one year;

C. The scope of the revised recommendation: The punishment imposed by the court below against the defendant is too unreasonable considering the following: (i) the punishment guidelines are not set for the violation of the Road Traffic Act (in the case of the violation of the Act (e.g., refusal of noise measurement) which is related to the crime of the crime of the prevention of general goods and the crime of the prevention of fire, the minimum of the recommended range of the crime of the general goods, only the minimum of the above minimum of the punishment) for at least one year (the minimum of the punishment imposed by the

3. If so, the defendant's appeal is justified.

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