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(영문) 서울고등법원 2017.03.09 2016노4021
현존건조물방화미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was suffering from diseases, such as alcohol-related fluence, depression, etc., and was in a physical and mental state under the influence of alcohol, under the influence of alcohol stability.

2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the records as to the Defendant’s argument on mental and physical weakness, it is acknowledged that the Defendant was treated prior to each of the crimes in this case, such as “the alcohol-provoking,” “the mixed uneasiness and depression disorder,” “the medium scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s”, etc.

Therefore, the defendant's argument of mental and physical weakness cannot be accepted.

B. We examine the unfair argument of sentencing by the defendant and the prosecutor based on the conditions of sentencing prescribed in Article 51 of the Criminal Code and the sentencing guidelines of the Supreme Court sentencing committee, which are shown in the records and the theory of changes, including both favorable and unfavorable circumstances for the defendant stated in the column of "the reasons for sentencing" of the judgment of the court below.

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