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(영문) 부산고등법원 (창원) 2015.02.04 2014노388

현주건조물방화치상

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Although the defendant is not judged to the degree of mental disorder, he appears to have reached the instant crime with contingency and impulse (in short of grounds to regard that the defendant is subject to mitigation of mental disorder). The defendant is divided and reflected in his own crime, the victim G and H do not want the punishment for the defendant, and the defendant is not subject to punishment for the crime of this paper, and the defendant is not subject to punishment for the crime of this paper, and there are more favorable and neutral and objective sentencing factors such as that there is no criminal power against the defendant.

However, the crime of this case, recognized by evidence, evidence law and legal principles, was committed on the part of the Chinese restaurant room where the victim F was an individual appraisal of the victim F, thereby spreading gasoline, causing the injury of four victims, including the victim F, such as image, etc. In particular, the victim F and D suffered scam 2 and 3 degrees of image in need of medical treatment for 10 weeks respectively [the victim D is equivalent to 64% of the body surface, the victim F suffered 20 to 29% of the body surface (the victim F, the front side, the upper side, the body body body part, the left side part), and the victim F suffered each image on the part of the body surface (the victim F, the victim's body surface part), and the victim's doctor did not suffer more than one year rehabilitation treatment for the victim D, and the victim F and D need more rehabilitation treatment or rehabilitation treatment after several times, and the treatment and treatment of the victim's injury is not provided differently from the present form of the victim's physical disability and the specific treatment and treatment result were not provided.