logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.08.23 2013노1681
현주건조물방화예비
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of the Defendant at the time of the instant crime, the Defendant was in a state of mental disability.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s imprisonment (five months of imprisonment and confiscation) against the Defendant is too unreasonable.

2. According to the records of this case as to the claim of mental disability, the defendant is deemed to have served alcohol at the time of the crime of this case, but on the other hand, in light of the circumstances of each crime of this case, the method and method of the crime of this case, and the circumstances after the crime of this case, it cannot be seen that the defendant's ability to discern things or make decisions is weak. Thus, the defendant's claim of mental disability is rejected.

3. Determination on the assertion of unfair sentencing is based on the circumstances favorable to the defendant, such as the following: (a) the defendant acknowledges the instant crime and reflects his mistake; (b) the defendant does not want the punishment of the defendant by mutual consent with the victim; and (c) the defendant appears to have committed the instant crime somewhat contingently.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant. The crime of this case led to a large-scale accident of human life, which occurred due to the defendant's act, which could cause serious damage to the lives and property of the public safety and peace and caused serious damage to the lives and property of the people who suffered from alcohol, by finding light oil in the G Office 703 of the Incheon Southern-gu Office where the defendant was under the influence of alcohol, by spreading the light oil on the floor of the office and by using a dog. At the time of the crime of this case, two persons, other than the defendant and the victim, were in the above office at the time of the crime of this case.

arrow