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(영문) 서울고등법원 2015.08.21 2015노1526
일반자동차방화미수등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The crime of this case was committed by the Defendant on the ground that C, who was both children, did not live together with C on the ground that C was destroyed by the marriage, but the Defendant committed the crime of this case by using dangerous things, such as the degree of 23 cm on the left part of C, and the degree of 6 cm on the left part of C, which is a dangerous object, by extinguishing C’s length, thereby putting the soft knife (14 cm in length) toward C. Furthermore, the crime of this case committed the crime of this case by using dangerous things, such as tearing the left part of the knifebbbbbbbb.

The lower court sentenced the Defendant for a period of one year, comprehensively taking into account the following circumstances: (a) although the instant fire-prevention act is the subject of a motor vehicle, the fire-prevention act of this case was committed against the Defendant; (b) there was a risk of causing human injury when the instant fire-prevention act was moved to a Bara building, and (c) the Defendant committed an assault with a kacker, a dangerous object by finding C following the attempted fire-prevention act following the attempted fire-prevention act of this case; (c) the Defendant committed an assault while carrying a knife with C even before the instant crime was committed; (d) the Defendant was under the influence of receiving a family protective disposition; (c) the Defendant was both led to the confession of and against all the instant crimes; and (b) the Defendant was under the favorable influence of the Defendant; and (c) the Defendant was under the attempted fire-prevention act of this case and did not cause human injury due to the attempted crime; and (d) the Defendant was sentenced to imprisonment with prison labor for all the sentencing conditions of the Sentencing Committee.

The court below held that there are some circumstances to consider the motive for the crime of this case in light of the fact that the defendant, who suffered from depression and suffered economic difficulties, committed the crime of this case at a distance of her own from the time of birth, and that there are some circumstances to consider the motive for the crime.

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