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(영문) 대구고등법원 2016.05.03 2016노84
일반건조물방화미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unhued and unreasonable.

2. The Defendant: (a) plucking, plucking, plucking, and plucking up the seeds part of the 8glue of the victim D, and assaulted the victim G with the face of his hand; (b) threatened the victimJ by threateninging the victim by “salination”; (c) damaged the window of the F Parking Lot office that is managed by the victim L; and (d) attempted to fire by setting fire to the warehouse of the above parking lot but attempted to commit an attempted crime.

Since the defendant committed a crime against many victims without being aware of it during the period of suspension of execution, the crime is not less severe than that of the crime.

The victims did not receive a letter of suspicion.

On the other hand, the defendant generally committed a crime, and his mistake is divided.

The victims of larceny did not have serious damage, such as small amount of theft, but did not commit the attempted crime.

These points are favorable to the defendant.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of a crime, and the conditions of sentencing as indicated in the records of this case, such as the circumstances after a crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem unfair because the sentence is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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

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