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(영문) 서울고등법원 2013.06.14 2013노1429
현존건조물방화미수등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

A. The main point of the grounds for appeal is that the sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The instant crime was committed by the Defendant and the candidate for medical treatment and custody, and the Defendant is subject to the judgment.

After being accommodated in this telecom, the cremation site in the guest room had been stored above the beds, and the above telecom had been laid out, but the fire officers who were called out after receiving a report from the defendant have been fireed.

In light of the specific details and planned methods of crimes and the fact that many unspecified people who have existed within the youth could have caused serious harm, the criminal nature of the defendant is serious.

The defendant stated that he did not have any particular reason about the motive for committing the crime, and that he wanted to correct it.

Not only has the history of criminal punishment several times due to a crime of fire prevention in the past, but also, on January 30, 2008, the defendant was sentenced to imprisonment with prison labor for general automobile fire-prevention and after completion of the execution of medical treatment and custody on July 5, 201 after the above medical treatment and custody was provisionally terminated, the defendant committed the crime of this case during the period of repeated crime.

According to this, the defendant's risk of recidivism is very high.

However, the fact that the defendant committed a crime in a state of mental disorder, the fact that the defendant filed a report by himself before it was moved to the elel building, the victim does not want the punishment of the defendant, and the fact that the defendant recognized the crime and misunderstanding are divided is considered in favor of or in consideration of the defendant.

In full view of all the sentencing conditions in the instant case, including the aforementioned various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence is excessively unreasonable compared to the degree of the Defendant’s responsibility.

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