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(영문) 서울고등법원 2015.12.24 2015노990
현주건조물방화미수
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of imprisonment with prison labor (one year and confiscation) of the first instance court on the gist of the grounds for appeal is too unreasonable;

2. Determination:

A. While the first instance court’s sentence does not lead to the result of the instant crime, the Defendant did not have any criminal record exceeding a fine, and the Defendant divided and reflects his fault, the Defendant was sentenced to imprisonment for one year by taking into account all the sentencing conditions as indicated in the instant case, including the following: (a) the Defendant’s wife D expressed his intention not to punish the Defendant; (b) the Defendant’s wife D expressed his intention not to punish the Defendant; and (c) the Defendant’s E still wishes to punish the Defendant, by taking into account all the sentencing conditions as indicated in the instant case, such as the following: (a) the Defendant’s residence, part of multi-household dwelling in which many people reside, has spread rapidly; and (d) the Defendant’s wife D expressed his intention not to punish the Defendant; and (b) the Defendant’s E still wishes to punish the Defendant.

B. (1) In examining the sentencing of the defendant, this court's decision in the course of sentencing (1) has shown the symptoms of alcohol dependence by using verbal language, or by using violence while the defendant continuously under the influence of alcohol and under the influence of judgment or self-regulation. As can be seen, the defendant shows symptoms of wrong drinking habits, which require professional hospital treatment. This case also seems to have led to the fact that the victim D, who is the wife of the defendant, was under the influence of alcohol, did not know the alcohol value while the defendant was under the influence of alcohol and was under the influence of alcohol.

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