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(영문) 광주고등법원 2014.04.24 2013노575
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime of fire-fighting, the Defendant was in a state with no or weak ability to discern things from old age and dementia.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below and the trial court as to the assertion of mental disorder, the defendant was 81 years of age at the time of committing the crime of this case on November 24, 1931 and was subject to drug treatment due to dementia from around April 2012. However, even though the defendant thought that he/she was her/ her/ her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her at the victim's house.

B. As to the assertion on unfair sentencing, even if the Defendant acknowledges all the instant crimes, the age of 82 years old and appears to have not participated in the misunderstanding that occurred between the victim and the victim, and rather contingently, the Defendant was punished once by a fine due to property damage, and other crimes are considered as favorable circumstances, the instant structure and fire-prevention crime would be prejudicial to the public safety and peace and the life of others.

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