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(영문) 광주고등법원 (전주) 2018.01.16 2017노176

현주건조물방화

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that did not recognize mental and physical loss even though the Defendant was physically and mentally lost due to the symptoms of alcohol dependence at the time when he committed the instant crime, the lower court was unlawful.

B. The sentence of the lower court (two years of imprisonment) is too unreasonable considering the following: (a) the Defendant committed the instant crime in a state of mental and physical weakness due to depression, etc.; (b) the Defendant did not have any history of having been punished for the same kind of crime; and (c) the recognition of the instant crime and reflect it.

2. Determination

A. In full view of the background and content of the instant crime committed by the evidence duly adopted and examined by the lower court, and the Defendant’s act before and after the instant crime was committed, the lower court was in a state where the Defendant was unable to have the ability or decision-making ability to discern things due to the following: (a) the lower court’s proof of alcohol dependence at the time when he committed the instant crime was committed; (b) the anti-competitive disorder; and (c

It does not appear.

Therefore, the lower judgment did not err as alleged by the Defendant.

B. The instant crime of determining the illegality of sentencing is an act of setting fire to the houses in which the Defendant and her mother are residing in order to commit suicide by emphasizing economic difficulties in the state of mental and physical weakness due to the symptoms of alcohol use dependence, the depression disorder, and the unknown personality disorder.

There are some circumstances to consider the circumstances leading to the instant crime; the mother of the Defendant does not want the punishment of the Defendant; the Defendant does not have any record of punishment for the same kind of crime; and the Defendant recognized the fact that the Defendant committed the instant crime and reflected it constitutes a favorable circumstance to the Defendant.

However, the degree of damage caused by the crime of this case is significant, the damage was not recovered, and the fire was destroyed.