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(영문) 부산고등법원 2020.11.11 2020노394
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant suffered from mental illness called a decentralization disorder, but was under the influence of alcohol at the time of each of the instant crimes, and the Defendant lacks the ability to discern things or make decisions.

B. The sentence of an unreasonable sentencing (three years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. There is no evidence to prove that the defendant suffered from decentralization at the time of each of the crimes in this case.

Meanwhile, according to the records, even though the Defendant was aware of drinking alcohol prior to committing each of the instant crimes, in view of the circumstances leading up to each of the instant crimes, the means and methods of committing the instant crimes, and the Defendant’s behavior and circumstances before and after committing the instant crimes, it is not deemed that the Defendant had the weak ability to discern things or make decisions at the time of committing each of the instant crimes.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the specific contents of the case. In cases where there is no change in the conditions of sentencing compared to the lower court and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in light of the following factors: (a) in the event that the lower court’s determination of the sentencing was deemed to have exceeded the reasonable bounds of the discretion; or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the unfair judgment of the lower court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

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