현존건조물방화등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant, under the influence of alcohol, was in a state that the Defendant lacks the ability to discern things or make decisions.
B. The sentence imposed by the lower court (two years of imprisonment) on the ground of unfair sentencing is too unreasonable.
2. According to the evidence duly admitted and examined by the lower court, including a diagnosis letter of intent Q’s decision-making on the assertion of mental and physical disorder, and a mental appraisal report on the preparation of doctor R, etc., the Defendant was diagnosed as an unidentified in detail at the Eunpyeong Hospital in Seoul Special Metropolitan City from March 12, 2011 to April 21, 201, and received hospital treatment by July 29, 201 after receiving hospital treatment due to any of the following: (a) the Defendant was under hospital’s mental disorder; and (b) the Defendant expressed a relatively large amount of alcohol addiction compared to the Defendant’s main volume at the time of each of the instant crimes; and (c) the Defendant expressed the mental symptoms, such as a aggressive behavior, emotional stability, judgment disorder, memory disorder, memory disorder, and self-harm disorder.
In full view of all the circumstances indicated in the record, such as the Defendant’s medical records, the Defendant’s mental condition at the time of each of the instant crimes, the contents of each of the instant crimes, and the circumstances after the commission of each of the instant crimes, it is recognized that the Defendant was in a state of lacking the ability to discern things or make decisions due to alcohol acute addiction at the time of each of the instant crimes, and thus, it is reasonable to reduce the sentence against the Defendant pursuant to Article 1
The defendant's assertion pointing this out is with merit.
3. As such, the defendant's argument of mental disability is with merit, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following is again decided after pleading.
Criminal facts
Criminal facts of the defendant and the summary of the evidence recognized by the court.