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(영문) 서울고등법원 2017.11.02 2017노1954
현주건조물방화치상
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal ( Imprisonment with prison labor for a period of three years and six months) is unreasonable compared to the defendant's liability.

2. The lower court determined that: (a) the crime of this case is bad in nature; (b) most of the occupants in an officetel building with many occupants may lead to a large number of new walls; and (c) the Defendant was unable to recover property damage due to the crime of this case, considering the circumstances unfavorable to the Defendant even though the damage was caused by the crime of this case; (b) the Defendant did not have any specific history of punishment; (c) the Defendant suffered severe images due to the crime of this case; (d) the degree of injury suffered by the victims was not severe; and (e) the Defendant was sentenced to statutory punishment within the scope that mitigated by taking into account the circumstances favorable to the Defendant, taking into account the fact that the Defendant’s mistake was committed in the confession of the crime of this case.

Such judgment of the court below is reasonable within the scope of reasonable discretion by taking into account all the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence, and the circumstances after the crime. In addition, there is no obvious change in the sentencing conditions that can correct the judgment of the court below in the trial of this case. In light of the fact that the scope of recommendation for the mitigation area according to the sentencing guidelines of the Supreme Court as to the crime of causing bodily harm to the structure of the present state is two years and six months or five years, the defendant's assertion that the sentence of the court below is unfair because it is too unreasonable is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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