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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In spite of the fact that the Defendant was under the influence of alcohol at the time of each crime in the lower judgment, the lower court erred by failing to reduce the physical and mental weakness.
2) The sentence (main sentence: imprisonment with prison labor for three years and six months) sentenced by the lower court is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the Prosecutor 1, the lower court erred by misapprehending the facts and acquitted the Defendant on this part of the facts charged despite the fact-finding despite the fact-finding, which could sufficiently be found guilty of the fire-prevention of existing buildings on June 15, 2015.
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Determination
A. According to the record as to the Defendant’s mental and physical weakness, the record shows that the Defendant had drinking alcohol at the time of committing each crime as set forth in the judgment of the court below, but in light of all the circumstances such as the process and method of committing the crime, and the circumstances after committing the crime, the Defendant
Therefore, the court below's failure to reduce the physical and mental weakness is justified.
The defendant's mental and physical weak argument is without merit.
B. As to the prosecutor’s assertion of mistake of facts, the lower court determined that this part of the facts charged was not guilty on the ground that there was no proof of facts constituting the crime, and it is justifiable for the lower court to have acquitted the prosecutor of this part of the facts charged in comparison with records.
The prosecutor's assertion of mistake is without merit.
(c)
Defendant
As to the prosecutor's unfair argument of sentencing, all the conditions of sentencing, including the defendant's age, sex, environment, relationship with the victim, motive means and consequence of the crime, and circumstances after the crime, shall be considered comprehensively.