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(영문) 광주고등법원 (전주) 2015.10.20 2015노154
현주건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s imprisonment with labor (three years of imprisonment) is too unreasonable.

2. Determination:

A. According to the records of the instant case’s determination on the assertion of mental disorder, it is deemed that the Defendant was in a state of drinking alcohol at the time of the instant crime, but the Defendant did not seem to have the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime, and thus, the Defendant’s mental and physical disability assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant’s confession and reply to the instant crime, there is no record of punishment for the same kind of crime, and the Defendant suffers from depression and is receiving mental treatment, etc., constitutes a favorable circumstance for the Defendant.

On the other hand, the crime of this case, however, is likely to cause serious harm to the lives and property of a large number of people, and the circumstances and nature of the crime of this case are not good, even if there were property damage equivalent to about KRW 15 million due to the crime of this case, there is no effort for the recovery of damage, and the defendant still seems to lack any gathering and suspicion of the previous wife, and the defendant's appeal for fear of fear is disadvantageous to the defendant.

In addition, there is no change in the circumstances that would be different from that of the lower court in light of the above various circumstances and the trial, and there is no other special circumstance to change the Defendant’s age, character and conduct, family environment, health condition, motive or circumstance of the crime, means and method of the crime, contents and consequence, etc.

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