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(영문) 서울고등법원 2018.01.11 2017노3132

현주건조물방화치사등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness at the time of committing the instant crime.

B. The punishment sentenced by the lower court (seven years of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged that the Defendant committed each of the instant crimes under the influence of mental and physical weakness.

In view of the Defendant’s assertion of loss of mind and body, comprehensively taking into account the background, method and content of each of the instant crimes, the act of the Defendant committed before and after the commission of the crime, the details and attitude stated by the Defendant in the investigative agency, etc., the Defendant did not have any such ability beyond having weak capacity to discern things or make decisions.

not be deemed to be the case.

B. The lower court, as to the wrongful assertion of sentencing, determined a sentence by taking account of favorable circumstances, such as the following: (a) the Defendant intrudes on another’s residence; (b) the death of one person who was residing in the said building by setting a part of the building used by a large number of people as a residence; and (c) the injury of four persons; and (d) the Defendant did not endeavor to recover damage; (b) the Defendant has committed a crime with intent to commit suicide in a state of mental disorder due to mental disorder; and (c) the Defendant committed a crime with intent to commit suicide in a state of mental disorder; and (d) the Defendant has no criminal record exceeding

In full view of such circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in full view of all the following factors: (a) the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no change in sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is.

Therefore, the sentence of the court below is too unreasonable because it is too large.