현주건조물방화등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. According to the record as to the assertion of mental and physical disorder, even though the defendant was deemed to have drunk at the time of each of the crimes in this case, in view of the motive, circumstance, content method, and circumstances after each of the crimes, the defendant was in a state that the defendant was unable to discern things or make decisions due to drinking at the time of each of the crimes.
is not recognized.
The defendant's mental disorder is without merit.
B. As to the wrongful assertion of sentencing, the Defendant recognized both crimes from the investigative agency and made a mistake.
At night, there is no significant damage to the theft and theft crime, and at night, the victim G of the crime of larceny at night does not want punishment against the defendant by mutual consent with the defendant in the original trial.
It can be seen that the health of the defendant is not good, such as suffering from hepatitiss, livers, etc.
However, the Defendant had been sentenced to several times of punishment due to violent crimes, property crimes, etc., and six times of punishment was sentenced to imprisonment on January 9, 2015, and completed the sentence on March 14, 2015 and committed the instant crime during the period of repeated crime.
The defendant, who is living in the same floor as the victim D, and used as a residence, carried a house with a repair cost of 32 million won, stolen an object by intrusion on another's residence two times, and defrauded the victim without paying a drinking value.
At the time of the crime of fire-prevention against the present owner's structure, victims and their families were in the house and were in danger of evacuation, and in fact, damage was caused by the entire house, but up to the depth of the party.