일반건조물방화등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below to the defendant and the applicant for medical treatment and custody (hereinafter “defendants”) is too uneasible.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared with the first instance court on the part of the accused case, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court: (a) took account of the fact that a fire caused by the Defendant was likely to cause greater damage if the fire was not extinguishment early; (b) the Defendant had a previous criminal record of a structure intrusion; (c) even though having committed the instant crime, the Defendant committed the instant crime in a state of mental disorder Grade 3; (d) the Defendant committed the instant crime in a state of mental disorder due to a man-made disorder; (c) the Defendant did not have a criminal record related to fire; and (d) the Defendant was sentenced by considering the favorable circumstances that the Defendant approved the instant crime and reflected against the Defendant
The circumstances alleged by the prosecutor on the grounds of unfair sentencing are already reflected in the grounds for sentencing in the lower court, and there is no change in the sentencing conditions compared to the lower court in the trial.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., as indicated in the instant records and pleadings, it is difficult to deem that the sentence of the lower court is too unjustifiable to the extent that the sentence exceeds the reasonable scope of discretion.
B. Of the judgment below on the part of the judgment below on the medical treatment and custody claim claim, the part on the medical treatment and custody claim pursuant to Article 14(2) of the Medical Treatment and Custody Act shall be deemed to have been filed. However, the prosecutor did not submit any grounds for appeal regarding the part on the medical treatment and custody claim.