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(영문) 부산고등법원 2019.08.22 2019노246
현주건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Before committing the instant crime, the Defendant was suffering from the disorder, depression, etc., due to the illness before committing the instant crime. At the time of the instant crime, the Defendant, while drinking alcohol and under the influence of alcohol, was in a state that there was no or weak ability to discern things or make decisions.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. There is no particular evidence to prove that the Defendant was suffering from a disability or a depression at the time of the instant crime, and even if so, the Defendant was suffering from a depression at the time of the instant crime, as alleged by the Defendant, or was under the influence of alcohol, as alleged by the Defendant.

Even in light of the circumstances such as the background leading up to the instant crime, the means and method of the crime, the circumstances before and after the crime, the circumstance that the Defendant did not have any mental or physical disorder at the lower court, and the fact that the Defendant claimed mental or physical disorder at the time of the crime, etc., the Defendant did not have the ability to discern the mental disorder, such as depression, etc., or to make a decision

Since it cannot be deemed that the defendant was in a state or weak condition, the defendant's argument about mental disorder is rejected.

B. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized the instant crime of unfair sentencing and against his mistake; (b) the Defendant appears to have committed the instant crime in dynamicly among those under stress due to his family’s health and economic difficulties; (c) the real property damage incurred due to the Defendant’s criminal act is relatively large; and (d) the victims have recovered from damage and agreed with the victims that they did not want the Defendant’s punishment.

However, the defendant's fire-prevention crime causes physical damage to the house actually.

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