현주건조물방화치상
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) asserted the grounds for appeal on the grounds of unfair sentencing, mental or physical loss, or mental or physical weakness through the statement of reasons for appeal. However, on July 18, 2018, the Defendant withdrawn his/her mental or physical loss or mental or physical weakness on the date of the first pleading at this Court.
The sentence of the court below against the defendant (five years of imprisonment) is too unreasonable.
2. The judgment of the defendant committed the instant crime under the circumstances where the defendant lacks the ability to discern things or make decisions due to the use of therapy such as depression, etc., the confession and reflect of the crime, and the fact that the defendant has no same criminal record is favorable.
However, the Defendant, without any reason, laid a shot room out of the Moel, francing tobacco out of the Mour, francing the Mour, thereby suffering significant physical damage to five victims, and the victim F suffered considerable property damage.
There was no agreement with the victims, no damage was recovered, and there was no circumstance that the defendant made efforts to recover damage.
Defendant has a number of criminal records due to theft, violence, etc.
In light of the fact that there is no change in circumstances that may otherwise determine the punishment for the reason that the defendant's age, sex, environment, relationship to victims, motive, means and consequence of the crime, etc., the sentence of the court below against the defendant cannot be deemed to be unfair because the defendant's punishment is too excessive and unfair, and the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.