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(영문) 서울고등법원 2012.11.22 2012노1906
현주건조물방화치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, spreads gasoline on the victim’s surrounding floor at the time of the instant crime, and there is no fact that gasoline is spread on the victim’s head as stated in the facts charged.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

C. The lower court’s sentence of unreasonable sentencing (10 years of imprisonment) is too unreasonable.

2. Determination:

A. The defendant alleged the same purport as the above grounds for appeal in the court below, and the court below rejected the above argument in detail in the "decision on the defendant's and his defense counsel's argument". In light of the records and comparison with the above judgment of the court below, the judgment of the court below is just and it cannot be viewed that there was an error of mistake of facts as alleged by the defendant, and therefore, the defendant's assertion of mistake of facts is without merit.

B. According to the judgment of the court below and the evidence duly admitted and examined at the court below as to the claim of mental disability, the defendant is deemed to have served alcohol at the time of the crime of this case, but in light of various circumstances such as the background, means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant was under the influence of alcohol at the time of the crime of this case, and therefore, the defendant's claim of mental and physical disability is without merit.

C. The Defendant appears to have committed the instant crime by contingency in the course of dispute with F, a female living together under the influence of alcohol. Although he/she is disputing some of the circumstances of the instant crime, he/she recognized the fact that he/she had caused the death of the victim due to his/her mistake and against the mistake, and C, a mother of the victim, is against the Defendant.

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