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(영문) 서울고등법원 2015.10.15 2015노2209
현존건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the claim of mental disability, the court below is found to have served alcohol at the time of the crime in this case, but in addition to the defendant's method of crime in this case, the defendant's behavior immediately after the crime in this case, the defendant's statement in the investigation agency, etc., the court below was conducted a participatory trial, and the seven jury's opinion was presented about the defendant's mental disability at the time of the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime in this

B. In full view of the circumstances mentioned by the lower court in the “decision on the sentence” (section 5 of the lower court’s judgment) and various sentencing conditions indicated in the instant argument, the lower court’s punishment is too unreasonable and inappropriate. Therefore, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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