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(영문) 광주고등법원 2017.06.29 2017노49
일반물건방화
Text

The defendant's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s judgment on the ground that there was no submission of new materials of sentencing in the instant case

In addition, the crime of this case was committed by the Defendant by setting fire to the packaging tent which is owned by the victim, and the Defendant’s liability for the crime is light on the grounds that there is a gas tank in the packaging shield, which is likely to cause serious damage to the life and property due to a large brush or explosion, and thus, there is a possibility that the Defendant may cause serious damage to the life and property.

In full view of the sentencing conditions shown in the records and arguments of this case, such as the fact that it cannot be said that the lower court’s punishment against the Defendant is too excessive and does not deviate from the reasonable scope of discretion, even if considering all the favorable factors of sentencing as set forth by the lower court.

Defendant’s assertion that the sentence of the court below is unreasonable is rejected.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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