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(영문) 광주고등법원 2013.09.26 2013노364
현주건조물방화치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

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

2. Determination

A. According to the evidence on the assertion of mental and physical disorder, even though the defendant had drinking alcohol at the time of the crime, considering the circumstance of the crime, the circumstance before and after the crime, and the defendant's relatively detailed memory, etc., the defendant cannot be deemed to have changed things or failed to make a decision under the influence of alcohol at the time of the crime. Thus, the above argument by the defendant is without merit.

B. The Defendant does not have any favorable circumstances to the Defendant, such as accepting criminal facts and breaking his/her mistake.

However, the crime of this case was committed against the studio building where many people gather in the new wall and the nature of the crime is not good, other residents who were living in the building due to the defendant's crime were injured, as well as the result of the crime, such as the wall, ceiling, floor fire, etc. of the 307 room with the fire attached by the defendant, and the result of the crime was also serious, and the damage was not recovered up to the trial, and other various sentencing conditions such as the defendant's age, character and behavior, environment, relationship with the victims, motive, means, consequence, etc., it is not recognized that the punishment imposed by the court below is too unreasonable since the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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