현주건조물방화등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant with mental or physical disorder, even though he was physically or physically deprived of alcohol at the time of each of the crimes in this case, was in a state of mental or physical loss or mental weakness, was erroneous in the misapprehension of legal principles or mistake of facts
2) The punishment sentenced by the lower court (nine years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below regarding the defendant's mental disorder argument, it is acknowledged that the defendant had drinking alcohol immediately before the crime of this case, but in light of the circumstances of the crime, the means and method thereof, the defendant's behavior before and after the crime, and the circumstances after the crime, etc., the defendant was under the influence of alcohol so that he was unable to discern things or make decisions.
is not recognized.
The above assertion by the defendant is without merit.
B. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor is a fire-fighting case where the Defendant destroyed CCTV at night, stolen the upper door door operated by the victims, and, without any special reason, destroyed the victim’s housing, buildings, other buildings, automobiles, and urbanes, etc. with a chain of chain, without any justifiable reason.
The Defendant had been sentenced to imprisonment with prison labor for two years for the purpose of destroying the present building and several times for the larceny crimes, and committed the instant crime again within the period of repeated crime, which was sentenced to imprisonment with prison labor for habitual special larceny in 2015 and for which one year and two months have not yet elapsed after the prison labor.
The extent of damage is very serious, such as the car center's fire-prevention crime committed by the defendant and the fire-fighting of considerable parts inside a private teaching institute, etc., and the damage is not recovered at all.
Therefore, it is necessary to severely punish the defendant according to his act and responsibility.
However, the defendant is the case.