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(영문) 대전고등법원 (청주) 2017.02.02 2016노143
일반건조물방화등
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. Determination:

A. The Defendant’s crime in the part of the instant case was committed several times more than a hour and 30 minutes under the mental and physical weakness of the Defendant and the victim, and was committed with vinyls, the warehouse of the Myeon office, the main building, etc., or the attempted crime, and in particular, in the case of a fire-prevention crime, the serious criminal that may inflict substantial damage on the life and property of another person, and the victims were not recovered from damage caused by the instant crime, and the victims were punished, and there were several criminal records before the Defendant, and the Defendant committed the instant crime during the period of probation. In full view of the circumstances favorable to the Defendant’s mental and physical weakness due to the Defendant’s age, sex, environment, health conditions, circumstances, and circumstances after the instant crime, the lower court’s sentencing was unfairly excessive, considering all the circumstances that the Defendant took into account in all circumstances, including the following factors.

It does not seem that it does not appear.

B. As long as the Defendant filed an appeal against the Defendant’s case, it is deemed that the Defendant filed an appeal regarding the medical care and custody claim pursuant to Article 14(2) of the Medical Care and Custody Act. However, the Defendant did not submit any grounds for appeal regarding the medical care and custody claim, and the lower court did not find the grounds for reversal ex officio.

3. As such, the Defendant’s ground of appeal is without merit. As such, Article 364 subparag. 4 of the Criminal Procedure Act and the medical care and custody order are examined.

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