logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2018.05.16 2018노84
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had been hospitalized for a mental illness with which the name of the disease was unknown. At the time of the instant case, the Defendant had been in a state of mental and physical weakness due to the mental illness.

The sentence of the belt shall be mitigated.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment, etc.) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mental and physical disorder, namely, the motive and circumstance leading up to the Defendant’s committing the instant crime at an investigative agency, and the Defendant’s act at the time, etc., relatively detailed and detailed, and the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement attitude at an investigative agency, etc., the Defendant had weak ability to discern things at the time of the instant crime or make decisions.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant’s recognition of the instant crime and reflects on the determination of the illegality of sentencing, and the instant crime did not reach the degree of mental disorder.

Even if it comes to some extent due to the unknown mental disease, the fact that there is an agreement with the victim of special property damage, etc. are favorable to the defendant.

On the other hand, there is a history of crime close to 30 times against the defendant, and the defendant committed a crime again after being sentenced to the suspension of the execution of imprisonment with prison labor for more than two times, and the suspension of the execution of the sentence becomes null and void, and the criminal records of repeated crimes in the original judgment have been committed again while the crime was committed again during the same period of the repeated crime, and it is displayed with the criminal tendency that is not cut during the period of the repeated crime, and the crime of fire prevention against the present main building during the crime.

arrow