현주건조물방화
The defendant's appeal is dismissed.
On May 3, 2018, the Defendant asserted that “the state of mental disorder due to drinking at the time of the instant crime” was “a state of mental disorder due to drinking at the time of the instant crime.” However, at the first trial date of the first trial, the Defendant explicitly withdrawn his/her mental and physical disability claim on the ground of the wrongful appeal (the grounds for sentencing, asserting that, at the time of the instant crime, alcohol alcohol was considered as the grounds for sentencing).
In light of the various sentencing conditions of the instant case, the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
Judgment
Examining the various sentencing conditions of the instant case, the following are the circumstances: (a) the Defendant appeared to have committed the instant crime by contingency on the carbook in the form form, while under the influence of alcohol (not planned crimes); (b) after the Defendant paid a fire, the victim F (other lessees of multi-family house built by the Defendant), the victim F and C (the owner of multi-family house built by the Defendant) agreed with the victim F and the victim C (the owner of multi-family house built by the Defendant) to have the victim informed of the fire and evacuated the victim; and (c) in particular, the victim C expressed the intent to want the Defendant’s wife in the first instance as well as in the court below, and there is old mother who need support (the victim is a recipient of basic life, intellectual disability and health class 3 and has not improved).
However, the crime of this case committed by the Defendant was committed on the ground that there was a harmony with the female living together with the Defendant, by putting the same in the front room of the multi-family house, which is a dwelling place, into the front room of the multi-family house, the entire housing amounting to approximately KRW 143 million in the market price, based on the background and method of the crime, the time and object of the crime, the scale of damage, etc.