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(영문) 광주고등법원 2016.06.16 2016노105
현주건조물방화
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment of two years, a suspended sentence of three years, a community service work time of 80 hours, confiscation) imposed by the court below is too unfasible and unfair.

2. The crime of fire prevention of this case was destroyed by the victim’s vinyl and curios in the victim’s greenhouse, and the occurrence of a fire that could have led to a large fire caused by gas charging near the mouth.

Nevertheless, the defendant failed to take measures to recover particular damage to the victim, and the injured person wanted to punish the defendant with severe punishment.

However, in full view of the circumstances favorable to the Defendant, including the confession of the Defendant and the mistake, the Defendant appears to have committed the instant crime by contingently due to disputes with the victim regarding compensation for losses in real estate leased to the victim, and the fact that there are no other criminal records other than the fines for dual punishment several times, etc., and other various sentencing conditions shown in the instant records and arguments, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court cannot be deemed to be unfair because the said sentence imposed by the lower court within the sentencing criteria range of the Supreme Court Sentencing Committee is too unfortuned.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is groundless.

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