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(영문) 대구고등법원 2018.05.16 2018노77
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (one and half years of imprisonment with prison labor for a crime No. 1, a crime No. 2, a crime No. 2, and a crime No. 12 in its decision).

2. The Defendant recognized that all of the instant crimes were committed, and actually repented of his mistake.

The defendant has a second-class mental disability and is in an economic difficult situation.

The Defendant agreed with some victims of larceny crimes.

On the other hand, the fire-prevention of this case could lead to serious fire in light of its degree and form.

Three apartment residents who inhale the smoke of the fire caused by the fire are sent back to the hospital, and the wall of the apartment is seriously affected by the accident.

The Defendant committed the larceny crimes of this case, even though criminal punishment was imposed on several occasions, and committed each of the larceny crimes of this case, and most of the larceny damage was not recovered.

Considering such various circumstances and other factors of sentencing as the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., all the factors of sentencing as shown in the arguments in the instant case including the defendant's age, sex, family relation, circumstances after the crime, etc., the court below's sentence against the defendant is too excessive and excessive to the

shall not be deemed to exist.

3. In conclusion, the defendant's appeal is without merit, and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That it is evident that there are errors, and therefore, the defendant committed each of the following crimes under the condition that the defendant lacks the ability to discern things or make decisions due to mental retardation of class 2 and class 2 under Article 25 of the Regulation on Criminal Procedure.

In addition, “11 persons” of 6 Myeon 5 shall be changed to “18 persons”, and “1. Mental and physical reduction” of 7 Myeon 13 shall be deleted, and the first instance judgment shall be corrected).

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