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(영문) 서울고등법원 2017.01.12 2016노3366
일반물건방화등
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The court below's scope of the judgment of this court was found guilty of the Defendant's general goods fire prevention, special intimidation, forced indecent act, damage to each property, interference with the performance of official duties by deceptive means, and intrusion upon residence among the parts of the case, and dismissed the public prosecution. The judgment of this court was rendered on the part of the treatment and custody case where only the Defendant and the person who requested the treatment and custody (hereinafter "the Defendant") appealed the conviction part and dismissed the public prosecution without appeal by the Defendant and the prosecutor. However, if the Defendant filed an appeal on the part of the case of the Defendant, it is deemed that the Defendant filed an appeal on the part of the treatment and custody case under Article 14 (2) of the former Medical Care and Custody Act (amended by Act No. 13525, Dec. 1, 2015; hereinafter the same). Thus, the scope of the judgment of this court is limited to the part of the case of the Defendant's general goods of this case which the court below found guilty as to the part of the judgment of this court.

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. Determination

A. It is recognized that the Defendant committed the instant crime in a state of mental and physical weakness due to polar disorder, etc., where the part of the instant case was committed by the Defendant for the first time, all of the instant crimes were led to the Defendant’s conviction, and the Defendant committed the instant crime.

However, the crime of this case is committed by the defendant by setting fire to and burns a light and causing public danger, threatening the victim G and H by carrying a 2 knife knife, which is a dangerous object, and committing an indecent act by force against the victim J, damaging the victim L's property through several times, infringing upon the victimO's residence, infringing upon the police officer's legitimate execution of duty concerning the dispatch of report 112 by fraudulent means, and the crime is not good.

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