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(영문) 서울고등법원 2014.04.17 2014노515

현주건조물방화미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized Rater (No. 1) shall be confiscated.

Reasons

1. The summary of the grounds for appeal (mental disorder and unreasonable sentencing) was in a state of mental disorder by force at the time of committing each of the instant crimes, and the imprisonment (two years of imprisonment and confiscation) imposed by the lower court is too unreasonable.

2. The Defendant did not have the ability to discern things or make decisions due to drinking at the time of each of the instant crimes, in light of the circumstances and method of the Defendant’s criminal act, the Defendant’s behavior before and after the commission of the evidence duly examined and adopted by the lower court.

it is not recognized that there was or was a weak state.

The defendant's mental disorder is not accepted.

Each of the instant crimes against the assertion of unfair sentencing is a fire or attempted crime on a structure, motor vehicle, etc. at least six occasions during a short period of about one hour and thirty minutes, and the nature of the crime is inferior in light of the background, method, and frequency of the crime. Fire-fighting may cause serious danger to public safety and peace and may cause serious danger to the lives and property of a large number of people. In fact, there are unfavorable circumstances to the Defendant, including the fact that the victims suffered property loss due to each of the instant crimes.

However, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession and rebuttal of each of the crimes of this case with 20 young people, the fact that he seems to have committed each of the crimes of this case in favor of the victim E, E, K, and C, and that the court below agreed with the victim E, M, and further agreed with the victim G, K, and C, and that the crime of attempted fire-prevention of the present state structure of this case seems to be relatively less severe since the early extinguishment of the damage amount

In full view of all other circumstances, such as the character, conduct, environment, and motive, means, and consequence of each of the instant crimes, the circumstances after the crime, etc., and the sentencing conditions indicated in the present arguments and records, the lower court shall be sentenced to the Defendant.