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(영문) 서울고등법원 2013.04.26 2013노786
현주건조물방화등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

At the time of committing the instant crime, the Defendant was in a state of mental disability due to both dynamic disorder, loss from the victim and the victim, brain damage suffered from a traffic accident, and cerebral cerebral cerebral eption, and so on.

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

Judgment

According to the record as to the claim of mental disability, even though the defendant was suffering from mental illness such as depression at the time of the crime of this case, in light of the circumstance leading to the crime of this case, the method and method of the crime, the defendant's act before and after the crime of this case, and the circumstances after the crime of this case, it cannot be seen that the defendant had the weak ability to discern things or make decisions due to the above disease of this case. Thus, this part of the defendant's assertion is without merit

B. As to the assertion of unfair sentencing, the Defendant associates with himself.

In light of the fact that the victim and his/her family members repeatedly sent Intimidation letters to the victim's apartment in which the victim and his/her family members reside, the fire prevention of apartment buildings in which many and unspecified persons reside may cause serious risk to the lives and property of many people, and the victim seems to have suffered considerable mental suffering in light of the content of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the fact that the damage recovery has not been made, the crime liability is not easy

On the other hand, the fact that the defendant led to the confession and reflect of the crime, that human life was not caused by the crime of this case, that the victim expressed his/her intention not to have the defendant punished for the last time in the trial, that the defendant did not have a previous conviction except once a fine, that the defendant suffered from mental illness such as depression, etc., and that the defendant suffers from the mental illness such as age, family relationship, criminal record relationship, personality and behavior, environment.

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