logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2019.05.29 2019노6
현주건조물방화미수
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant committed each of the crimes in this case with depression and alcohol addiction, and the Defendant was in a state of mental disorder or mental disorder at the time of each of the crimes in this case.

(2) The Defendant’s defense counsel did not state any specific grounds in the statement of grounds for appeal in addition to the assertion of unfair sentencing, and argued to the effect that the Defendant was in an insane or mental and physical state at the time of committing each of the instant crimes. However, considering that the said defense counsel stated to the effect that he/she would make a claim of mental and physical disorder in the oral argument at the trial of the trial, the above assertion is deemed to have been made. The Defendant’s defense counsel’

Judgment

According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder and the records of this case, the defendant, as a Grade 3 intellectual disability, has been treated with alcohol dependence malopia and Gyeongdolopsis before and after each of the crimes in this case, and the fact that he was in a state of drinking at the time of each of the crimes in this case is recognized.

However, in full view of all the circumstances, such as the process and process of each of the instant crimes, the means and method of the crime, the Defendant’s attitude before and after the crime, and the Defendant’s legal attitude and content, which can be known by the aforementioned evidence, the Defendant lost the ability to distinguish things and make a decision at the time of each of the instant crimes.

It does not seem that the ability has reached a weak state.

Therefore, the defendant's mental disorder is not accepted.

The Defendant appears to have taken an attitude to repent his mistake while making a confession of all of the crimes of this case on the assertion of unfair sentencing, and the depression between the Defendant’s alcohol dependence and the Do seems to have influenced each of the crimes of this case, and each of the crimes of this case has been committed in the attempted crimes, and property.

arrow