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(영문) 서울고등법원 2014.10.24 2014노552
현주건조물방화등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The punishment of the accused in the first, second, and third original judgment (one year of imprisonment with prison labor, eight months of imprisonment with prison labor and one year of imprisonment) is too unreasonable; and

2. We examine ex officio judgments (combined with the judgment of the court below Nos. 1, 2, and 3) prior to rendering a judgment on the Defendant’s assertion of unfair sentencing.

This Court decided to hold a joint hearing of each appeal case against the first, second, and third original judgment. Since each of the first, second, and third original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one of the concurrent crimes under Article 38(1) of the Criminal Act must be sentenced to a single punishment within the scope of one of the multiple concurrent crimes under Article 38(1) of the Criminal Act, the first, second, and third original judgments are all reversed.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the entries in each corresponding column of the judgment below except for the following additions, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The criminal facts of the judgment below are added to the first head of "the defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to mental symptoms, such as intelligence, shocking, and shocking capacity."

B. We add 1. 'A' to the summary of the evidence of the judgment of the court below, 'A' prepared by the doctor BA of the Public Medical Treatment and Custody Center.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 342 and 330 ( point of attempted larceny of night buildings), Article 167 (1) of the Criminal Act ( point of fire prevention), Article 166 (1) of the Criminal Act ( point of fire prevention of general buildings), Article 164 (1) of the Criminal Act ( point of fire prevention of general buildings), Article 164 (1) of the Criminal Act, the selection of punishment, and the occupation of substantial structure and fire prevention;

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