현주건조물방화등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder, which lacks the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant fire prevention.
B. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for a year and six months, and the second instance judgment: imprisonment for a period of six months) is too heavy.
2. Prior to the judgment on the above grounds for appeal ex officio, the Defendant filed an appeal against both the first and second judgment that rendered a judgment of conviction, and the two appeals cases were decided to be tried by combining the two appeals cases. However, each of the crimes of the first and second judgment that decided to merge with the two appeals cases is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, both the first and second judgment cannot be maintained.
However, notwithstanding the above reasons for reversal ex officio, the above argument by the defendant is still subject to the judgment of this court, and it will be examined below.
3. According to the judgment of the court below and the evidence adopted and examined by the court below as to the Defendant’s mental and physical assertion, the Defendant was hospitalized at J Hospital in 2008 and 2014 due to the symptoms of alcohol alcohol, and was treated for medical treatment. At the time of the crime of fire prevention of this case, the Defendant was aware that he was a drinking condition.
However, the reason why the Defendant voluntarily avoided the crime of fire prevention of this case is due to the fact that the Defendant listened to and testified that he would send to a mental hospital for treatment of alcohol addiction from the father who was his father at the time of the crime, and the interrogation of suspect immediately after the crime is made with detailed memory of the situation at the time of the crime. In light of the above circumstances asserted by the Defendant, the Defendant has the ability to discern things or make decisions at the time of the crime of fire prevention of this case.