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(영문) 광주고등법원 (제주) 2018.09.19 2018노58

일반물건방화

Text

The defendant's appeal is dismissed.

Reasons

In full view of the following facts: (a) the summary of the grounds for appeal (unfair sentencing) recognizes and reflects the Defendant’s criminal act; (b) the Defendant was physically and physically in a state of mental weakness at the time of committing the instant crime; and (c) there was symptoms such as anxiety and shocking difficulties in the present situation; and (d) the Defendant requires mental treatment and treatment, the sentence of the lower court (in October and confiscation) is too unreasonable.

Judgment

The crime of this case was committed by the Defendant twice by setting fire to another person’s property by using gas bags for the purpose of two times, thereby causing public danger. The crime of this case is very poor in the nature of the crime, and the damage was not restored.

Moreover, in 2008, the Defendant committed the instant crime even though he had been sentenced to a suspended sentence of 1 year and 6 months for the crime of fire-prevention of the present building in 2008 and was sentenced to a suspended sentence of 2 years.

In light of all the factors indicated in the records and arguments of this case including the background, content, means and result of the crime of this case, Defendant’s age, sexual conduct, environment, etc., the sentence of the court below against the Defendant cannot be deemed unfair on the ground that the sentence of the court below is without merit (the circumstances favorable to the defendant’s mental and physical weakness, etc. asserted on the grounds of appeal are deemed to have already been considered in the sentencing of the court below, and there was no new sentencing data to the extent that the court below’s punishment is reversed at the court below at the same time). Accordingly, the defendant’s appeal is without merit, and it is so decided as per Disposition by the court below.