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(영문) 부산고등법원 (창원) 2018.09.19 2018노181

현주건조물방화미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence should be mitigated because the defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. In light of the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement made by an investigative agency, etc. acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mental and physical disorder, etc., the Defendant was in a state of loss or lack of ability to discern things due to mental shock, etc. at the time of the instant crime.

shall not be deemed to exist.

We do not accept this part of the defendant's assertion.

B. The circumstances favorable to the determination of the unfair argument of sentencing - the Defendant recognized the instant facts charged and opposed to it.

- The defendant has no record of criminal punishment other than a fine (10 million won, fraud, etc.) only once.

- The defendant committed the crime of this case somewhat contingently, which has nothing to do with his own situation.

- Reporting by the victim was made by early extinguishment of human life and did not actually cause any loss of human life, and property damage suffered by the victim is not significant.

Unfavorable circumstances - The defendant was unable to keep the fluorial fluor, breabbbbings, pets, etc. in the room of accommodation facilities used by many guests.

If the police and fire officers were not dispatched to the scene, they could cause serious harm to life, body and property of others and public safety and peace.

- The Defendant did not make any particular effort to recover damage to the victim, and the victim is punished by the Defendant.

The above circumstances and the Defendant’s age, gender, and behaviors.