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(영문) 광주고등법원 (전주) 2020.03.20 2019노228
공용건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the judgment of the defendant recognized and reflected his own crime, that the crime of fire prevention is committed against the attempted crime, and that the degree of exercising force against the driver's assault is not much serious is favorable to the defendant.

On the other hand, the object of the crime of fire prevention was the Dolsan View who had been on duty or on duty, and the method of the crime of fire prevention was about 7 liters in the outer wall and the entrance of the Dolsan Viewer, and thus, there was a danger of harm to human life. The crime of assaulting a driver was committed by assaulting a bus driver who is in operation with passengers, causing the risk of harm to human life. There were similar criminal offenses such as special obstruction of performance of official duties, violation of the Punishment of Violences, etc. Act, and the fact that the damage caused by the crime of this case was not recovered is disadvantageous to the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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