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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Fact-misunderstanding and misapprehension of the legal doctrine, the instant fire alleged by the misunderstanding of the facts, was caused by the Defendant’s fire in the course of treating butts while smoking cigarette, and was not caused by the Defendant’s fire.
Although there was a fact that the defendant was unable to cope with equitable measures due to fear and cruelness in a situation where the defendant was unable to do so, there was no intention to cause the victims to die.
However, the court below rejected the reliable defendant's statement, and found the defendant guilty of the facts charged due to the error of judgment on the causes of fire, which affected the conclusion of the judgment by misunderstanding of facts and misunderstanding of legal principles.
2) At the time of the instant crime, the Defendant had no or weak ability to discern things or make decisions, under the influence of alcohol.
3) The lower court’s punishment (20 years of imprisonment) is too unreasonable as it is too unreasonable to regard the sentencing.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant did not fire the Defendant.
The court below rejected the above argument in detail by clearly explaining the decision on this issue.
Examining the reasoning of the lower judgment in light of the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable, and there is no error of misapprehending the legal doctrine as alleged by the Defendant in the lower judgment.
B. According to the records of the judgment on the Defendant’s mental and physical disorder, it is recognized that the Defendant was somewhat drunk at the time of committing the instant crime, but in light of the background of the instant crime, the details thereof, and the circumstances before and after the instant crime, etc., the Defendant was unable to discern things or make decisions under the influence of alcohol.