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(영문) 서울고등법원 2013.11.28 2013노2623
현주건조물방화등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the punishment sentenced by the court below (two years of imprisonment) is too uneased and unfair.

2. Determination of each of the fire-prevention crimes of this case is intended for telecom or multi-households, which causes high public danger, and property damage exceeding 20 million won due to fire prevention against telecom among each of the crimes above, and the defendant seems to be difficult to conduct normal judgment and behavior as a disabled person of class 3 of intellectual disability; the defendant has agreed with G, I and thie victims who are residents of the housing subject to fire prevention; and the defendant has agreed with the defendant's age, character, character, environment, environment, family relationship, motive and consequence of the crime, means and consequence of the crime, etc.; and the recommended sentencing guidelines set forth in the sentencing guidelines set by the Supreme Court after the crime, etc., it cannot be deemed unfair because the sentence of the court below is too unreasonable, considering comprehensive consideration of the following factors such as the defendant's age, character and behavior, environment, family relation, motive and consequence of the crime, the means and consequence of the crime; and

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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