현주건조물방화등
Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Summary of Grounds for Appeal
The punishment (three years of imprisonment) sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter referred to as the "defendant") is too unreasonable.
Judgment
There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant committed a crime in a state of mental disorder with mental disorder, the occurrence of human life damage due to the crime in this case, the confession and the mistake of the defendant, and the fact that the defendant has no power to commit the crime.
However, the Defendant committed four fire-prevention crimes in a conventional market used by the general public on the grounds that the Defendant merely has no money. In light of the motive and form of the crime, frequency and period of the crime, place of the crime, etc., the risk and high possibility of criticism is high, as well as property damage caused by the crime in this case, and the victims have not recovered, and the victims have been punished, taking into account all of the sentencing conditions, including the Defendant’s age, family relation, criminal record relation, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, etc., the Defendant’s argument is without merit, and thus, the Defendant’s punishment imposed by the lower court is too unreasonable.
Although the Defendant filed an appeal regarding the part of the medical treatment and custody claim case, the Defendant did not state the grounds for appeal regarding this part in the petition of appeal, as well as the grounds for appeal submitted by the Defendant and his/her defense counsel, and there is no ground for reversal after examining the judgment below ex officio.
Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act as there is no reason to