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(영문) 광주고등법원 2016.06.02 2016노63
현주건조물방화치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant, who made a judgment on the prosecutor’s unfair argument of sentencing, led to the confession of the offense and the mistake is divided.

The victims do not want the punishment of the defendant from the investigative agency for the family members of the defendant.

Although the result of serious injury has occurred to the victims, it seems to have been expanded in the process of extinguishing the fire attached to the body of the defendant.

There was no criminal history of the same kind of crime, and assault against police officers was also minor.

In light of these circumstances, considering that various sentencing conditions as shown in the arguments in the instant case, including the Defendant’s age, sex and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., even though considering the various sentencing factors in the lower court’s judgment are disadvantageous to the Defendant, it cannot be said that the lower court’s sentencing (three years of imprisonment and four years of suspended execution) is too uneasible

We do not accept the prosecutor's assertion disputing this.

2. The appeal by the conclusion prosecutor is dismissed for reasons.

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