logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.09.14 2017노340
일반건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, who has lost the gist of the grounds for appeal, was in a state of mental and physical loss beyond the mental and physical weakness due to compicable disorder at the time of committing the instant crime.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

Judgment

As to the assertion of mental and physical loss, the Defendant argued to the same effect as the grounds for appeal in this part, and the lower court, on this point, on which the Defendant, at the time of his investigation by the police, testified with the situation before and after the instant crime, and the process of the crime, and the Defendant, at the court of the lower court, has sufficiently understood the presiding judge and defense counsel’s questioning and has expressed his own intent well, and in full view of the circumstances as indicated in the lower court’s ruling, including the background and means of the instant crime, the contents of the crime, the Defendant’s act before and after the instant crime, the Defendant’s attitude at the investigative agency and the lower court, and the Defendant’s attitude at the court, etc.,

The defendant's assertion cannot be seen and rejected.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant, from the 6th floor immediately after committing the crime, was absent from the first floor and was concealed as an underground parking lot for an apartment, other than the apartment, and the defendant was sent to the hospital emergency room due to symptoms of the body temperature on the day of committing the crime and the intake of fire. On the following day, the police officer who was found to be the hospital was sent to the hospital.

If we look at the defendant's attitude, etc., which appears in the trial, together with the specific statement about the motive and method of the crime, the defendant's assertion of loss of mind and body.

arrow