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(영문) 부산고등법원 (창원) 2019.09.18 2019노212
현주건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to a confession of all the facts of the crime and divided the errors, the crime of the present state building and fire prevention of this case was committed in attempted crimes, and there was no other person than the defendant in the house of this case at the time of the crime, and the actual damage caused was not limited. The victim F did not want the punishment of the defendant C, and the victim police officers filed a written application to the effect that the defendant would disrupt the defendant's wife, and there were several family members and many other family members of the defendant want the defendant's wife to see the defendant's wife, which is favorable to the defendant.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, such as: (a) the defendant driving a motor vehicle without a driver's license without the driver's license; (b) the defendant invadedd the victim's residence against his will; (c) the defendant tried to extinguish it by setting fire; and (d) the police officers dispatched after receiving a report in the process of the crime; (c) the crime is very serious in light of the circumstances and details of each crime; (d) the crime of the present state building and fire prevention is a dangerous crime that may cause serious damage to the human life, body, and property; (d) there is a need to strictly cope with it; and (e) the defendant has a history of criminal punishment for the same and different crimes; and (e) the defendant has been under the suspension of the execution of the execution of his/her duties

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive and background leading to each of the instant crimes, the means and methods of committing the crimes, and the circumstances after committing the crimes, etc., all the conditions of sentencing as shown in the argument of the instant case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (one year and six months of imprisonment).

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