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(영문) 광주고등법원 2016.06.16 2016노101
현주건조물방화미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the violation of the Act on Promotion of Violence and Information and Communications Network Utilization and Information Protection, Etc. among the facts charged in the instant case and sentenced the remainder to conviction.

As to the judgment of the court below, the defendant and the prosecutor filed an appeal only for the guilty portion, and the dismissal portion of the public prosecution became final and conclusive as the prosecutor did not file an appeal, the dismissal portion shall be excluded from the scope of the

2. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, depression, and alcohol-esteem behavioral disorder.

B. The punishment sentenced by the court below to the defendant (three years of suspended sentence for two years of imprisonment) is too heavy or (three years of suspended sentence for the defendant).

3. Determination

A. The Defendant asserted that “the Defendant was in a mental and physical state due to depression and alcohol disorder at the time of committing each of the instant crimes,” and the lower court determined the Defendant’s “determination on the Defendant and his defense counsel’s assertion” as stated in the “judgment on the Defendant and defense counsel’s assertion” of the judgment, although it is acknowledged that the Defendant had received treatment prior to committing each of the instant crimes, in full view of the circumstances, means, circumstances, etc. of each of the instant crimes, the Defendant was in a state that, at the time of each of the instant crimes, the Defendant had the ability to discern things or make decisions,

This part of the defendant's assertion is rejected as it is judged that it cannot be seen.

Examining the circumstances set forth by the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is without merit.

B. The defendant's mistake in determining the unfair argument of sentencing.

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