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(영문) 대전지방법원 2015.04.10 2014노2910
현주건조물방화예비
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. Determination

A. In light of the fact that the crime of this case was committed by the Defendant at the funeral hall of the existing building where the victims were victims, but the victims failed to prevent them from attaching a fire, and that the victims did not agree with the victims, it is necessary to strictly punish the Defendant.

B. Meanwhile, there are extenuating circumstances, such as the confession of the instant crime and the violation of the law, and the fact that the Defendant has no previous conviction and sentence.

In addition, considering the Defendant’s age, character and conduct, family relationship, living environment, details and result, relationship with victims, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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