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(영문) 서울고등법원 2014.11.07 2014노2157
일반자동차방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant, without obvious reasons, destroyed the Oral Ba, which was set up on the roadside by attaching a fire to the top of the Oral Ba, and by cutting off a door-to-door gambling room into the house of another person, and then setting off the car parked with a fire to the lower end of the car parked in a manner that sets the car under the passenger car parked with a fire, thereby setting the gas measuring instruments, glass windows, etc. adjacent to the car 2 vehicles and automobiles.

Although the defendant is a primary offender who has no record of committing a crime, seems to have committed the crime of this case by contingency while under the influence of alcohol, property damage of the larceny crime is minor, and all of his/her own crimes are recognized and is in profoundly against the defendant, there is a favorable condition for the defendant.

However, in full view of the following various circumstances and other circumstances, including the defendant's age, character and conduct, motive, means and result of the crime, and the result of the application of the sentencing guidelines by the Sentencing Committee, it cannot be deemed that the lower court's sentence against the defendant is too unreasonable.

(1) The fire fighting, such as this case, is a serious crime that is highly likely to cause enormous harm to human lives and property, and thus, the necessity of strict punishment is high.

Even in the case of the fire-prevention crime of this case, if the crime was committed in a house where many people reside and was not promoted early, it could cause serious harm to the life and property of a number of people residing in a neighboring loan.

② The Defendant left the scene more than two minutes to keep the fire from the scene after setting fire in a passenger car or without taking measures such as reporting a fire, etc., and eventually extinguishing firemen by mixing them with those who run the string in the scene of crime after diving.

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