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(영문) 서울고등법원 2016.06.30 2015노3560

현존건조물방화미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A number of seized Effra (K fishing d.e., certificate.)

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant, at the time of each of the instant crimes, was in a state of mental and physical weakness due to mental and physical weakness after taking mental and physical therapy at the time of each of the instant crimes, the lower court committed a mistake that did not reduce the physical and mental weakness.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court regarding the Defendant’s mental and physical weakness (in particular, the head of the P Hospital, a diagnosis statement, prescription, and mental appraisal statement). ① From October 31, 2013 to May 24, 2015, the Defendant continuously accepted mental and physical therapy at the P Hospital under the diagnosis of severe symptoms without mental symptoms and alcohol dependence on the use of alcohol, ② the doctor in charge of the above mental and physical therapy of the Defendant at the P Hospital of the Seoul Special Metropolitan City, who provided the Defendant’s prescription to the head of the P Hospital, presented the following facts: “The Defendant appears to be able to temporarily suppress any mental and physical harm caused by the instant crime; the process and effect of treating the Defendant’s alcohol at the time of this case’s diagnosis and response; and ③ The Defendant appears to have been able to suppress any mental and physical influence of each of the instant case’s diagnosis and influence; and ③ it appears to have been able to suppress any influence of alcohol and alcohol.”