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(영문) 서울고등법원 2014.09.19 2014노2060
현주건조물방화등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

The defendant was in a state of mental disability due to drinking, mental illness, etc. at the time of each of the crimes in this case, and the punishment (two years of imprisonment) sentenced by the court below is too unreasonable.

Judgment

On the grounds of appeal, the court below rejected the above assertion in the judgment of the court below, stating the defendant's argument and its judgment in the item "as to the defendant's and his defense counsel's argument". If the judgment of the court below is compared with the evidence legitimately adopted and examined, the judgment of the court below is just, and the above argument of the defendant is without merit.

As to the assertion of unfair sentencing, the crime of this case is likely to cause damage to the defendant's life by spreading a stop in which many people use a new wall as a residence, causing considerable property damage, resulting in the risk of causing damage to the large majority of life, and the illegality of this case is not mitigated. Even though the defendant had already been subject to criminal punishment, including punishment for multiple violences, and even if the defendant has already been subject to criminal punishment on the part of multiple occasions, he assaulted the victim requesting it again in the restaurant, the liability for such crime is not less complicated.

However, in full view of all the sentencing conditions, including the Defendant’s age, family relation, criminal record relation, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable, in light of the following: (a) the victim of the fire’s property was in the first instance trial and expressed the Defendant’s intention not to punish the Defendant; (b) the Defendant did not have a criminal record of the same kind related to fire; (c) the Defendant led to the confession and reflect of the crime in this case; (d) the damage caused by fire was not serious due to alcohol behavior disorder.

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