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(영문) 서울고등법원 2015.10.30 2015노2327
현주건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

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

Nevertheless, the judgment of the court below which did not accept legal mitigation by reflecting these circumstances is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination:

A. According to the records on the argument of mental disorder or mental disability, it is recognized that the defendant had diced at the time of the crime of this case. However, in light of the background of the crime of this case, the defendant's behavior before and after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions.

In light of the fact that the Defendant had no or weak capacity at the time of the instant crime, he/she had been hospitalized in a mental hospital during two times (from April 21, 2015 to May 4, 2015) after drinking alcohol similar to the instant case and repeatedly drinking his/her parents under the influence of his/her control. In light of the fact that the Defendant committed the instant crime, he/she had been hospitalized in a mental hospital during the period from May 28, 2015 to May 31, 2015, the Defendant appears to have been likely to cause harm to his/her surrounding family members by committing violence and causing harm to his/her surrounding family members if drinking alcohol again after discharge.”

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