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(영문) 서울고등법원 2016.01.26 2015노2763
현주건조물방화미수
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment and three years of suspended execution) is improper because it is too unfasible.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, where the defendant 3 households reside and 2 commercial buildings live in, distributed a portable butane gas 9 in the second floor of the building where the defendant 3 households live in, and distributed the steel products with a portable butane 9 pieces, and then loaded gasoline with a portable fire and then caused damage to human life and property. Since the crime of this case may occur due to a large fire, the crime liability is not easy, and the defendant was sentenced to a fine for the crime of property damage due to the destruction by fire in 2014.

On the other hand, since the crime of this case was committed with attempted attempted crimes and did not have a significant risk of extinguishing the building in light of the method of crime, the defendant was absent from the network and committed the crime of this case, and the elderly health status is not good, and the defendant's kys endeavor to prevent the same as this case from occurring.

It is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the instant pleadings, such as the character, conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., it cannot be said that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with 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.

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