logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2016.06.16 2016노106
현주건조물방화치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to drinking.

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

2. Determination

A. On the grounds that the Defendant asserted that “the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime” in the lower court’s judgment, the lower court rejected this part of the Defendant’s assertion on the following grounds: (a) although it is recognized that the Defendant had drinking alcohol to a certain extent at the time of committing the crime, in view of various circumstances, such as the circumstance acknowledged by the evidence duly adopted and investigated by the lower court; (b) the method of committing the crime; (c) the fact that the Defendant driving a vehicle at the time of the instant case; and (d) the Defendant’s act before and after committing the crime, etc., the lower court did not deem that the Defendant did not have weak the ability to

According to the records, the judgment of the court below is just and acceptable.

The above assertion by the defendant is without merit.

B. The Defendant recognized all of the instant crimes and is in profoundly against the Defendant, and the Defendant, in the course of a dispute with D church, re-confiscing the alcohol and re-confiscing the usual and frequent conflict in the situation where the fingers have been diversified during the dispute with D church.

D The church credit limit spreads the desire and seems to have been provokingd against the crime of this case due to the extreme phenomenon, and the defendant is deemed to have been provokingd against the defendant, and the victim H under an agreement with the victim H, and the defendant deposited 5 million won and 2 million won each for the recovery of the victim F and G damage, and the defendant also included 3 degrees pictures, such as the two sides and the front ples, etc. as the crime of this case.

arrow