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(영문) 서울고등법원 2017.03.22 2017노191

일반건조물방화미수등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) on the part of the Defendant case is too unreasonable.

B. The part of the medical care and custody claim and the person who filed a medical care and custody claim (hereinafter “defendant”) had a mental disorder at the time of committing the instant crime, but currently has a mental condition, and the family members of the Defendant also actively provide medical treatment and guidance. Therefore, there is no need to receive medical care at the medical care and custody facility.

Nevertheless, it is unreasonable for the court below to order the defendant to take care of treatment.

2. Determination

A. The lower court in the part of the case against the Defendant: (a) took into account the following factors: (i) the circumstances unfavorable to the Defendant; (b) the risk of the crime of fire fighting, such as the instant case, may undermine public safety and peace; (c) the Defendant is highly likely to cause enormous damage; and (d) the Defendant committed the instant crime while being sentenced to the suspension of the execution of imprisonment for the same kind of crime without being aware of it; (b) under favorable circumstances, the Defendant committed the instant crime in a state of mental and physical weakness due to mental division; (c) the Defendant was immediately extinguishing and attempted to immediately extinguish a fire; and (d) the victim did not want to be punished by the Defendant; and (e) the Defendant recognized and reflected the criminal act; and (e) took into account all

The sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the aforementioned various circumstances, and the circumstances alleged by the Defendant on the grounds of unfair sentencing have already been sufficiently considered in the process of determining the punishment as above and there is no other special change in circumstances that could change the sentencing of the lower court.

Therefore, the sentence of the court below cannot be deemed to be unfair because it is too large.

The defendant's argument of sentencing is without merit.

(b).