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(영문) 서울고등법원 2016.04.15 2016노700
공용건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (two years of imprisonment, confiscation) is too unreasonable.

However, the Defendant made a confession of all of the instant crimes, and then made a confession against the lower court’s mistake.

Although the Defendant suffers from diseases, such as brain disease and injury to function relatively old, the Defendant seems to have reached the instant crime under the dynamic state where the Defendant was unable to receive proper medical treatment due to economic conditions and the suspension of relationship with his or her spouse and children, etc., and lacks the ability to separate the death or make decisions.

The Defendant did not cause any damage to the life or body of a third party due to the instant crime, and the degree of damage to property is not much important.

Such circumstances are the circumstances that would be favorable to the defendant.

On the other hand, the Defendant had been sentenced to a suspended sentence of two years for the eight-month period from October 2, 2014 to March 23, 2015 due to the fact that the Defendant had been fighting in a grass field and a grass field over three times.

Nevertheless, the defendant was again fireed in dry field, materials shop, mobile toilets, etc. for about two weeks during the period during which the execution is completed, and the nature of the crime is not good, and the crime is considerably dangerous.

Nevertheless, there was no agreement with the victims.

Such circumstances are disadvantageous to the defendant.

In full view of all the circumstances in the records and arguments, including the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, circumstances after the offense, and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court cannot be deemed to be excessively unreasonable.

Defendant’s assertion cannot be accepted.

Thus, the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. However, the decision of the court of first instance is on the second side.

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