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(영문) 대전고등법원 2015.11.13 2015노477
현존건조물방화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too heavy.

2. Determination

A. According to the record as to the assertion of mental disorder, it is insufficient to view that the defendant was in a state of mental disorder which lacks the ability to discern things or make decisions, even if he drinks at the time of committing the crime, in full view of the circumstances leading up to the crime, the process of the crime, the act and circumstances after committing the crime, the statement made by the investigative agency immediately after committing the crime, the witness’s statement, etc.

This part of the defendant's assertion is not accepted.

B. As to the assertion on unfair sentencing, the lower court comprehensively compiled the circumstances unfavorable to the Defendant, as stated in the grounds for sentencing, and determined the Defendant’s punishment within the scope of recommended sentencing guidelines set forth in the sentencing guidelines of the Supreme Court.

The crime of this case is a crime that seriously threatens the safety of society beyond damage to the victim's individual, and is not punishable in light of the risk, and it does not seem that there are circumstances to consider even in the motive of the crime, and even though the degree of damage suffered by the victim is not somewhat weak, damage recovery is not entirely performed.

Even if the defendant takes into account the various extenuating circumstances as the grounds for appeal as much as possible, the court below's punishment against the defendant who has set the lowest punishment within the scope of the applicable sentencing guidelines and the recommended sentencing guidelines is justified and acceptable, and it cannot be said that it is too heavy as the defendant claims.

Therefore, this part of the defendant's assertion cannot be accepted.

3. Conclusion.

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