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(영문) 서울고등법원 2017.01.12 2016노3266
현존건조물방화치사등
Text

The defendant's appeal is dismissed.

The first order of the judgment of the court below is between "Defendant 2" and "long-term nine years".

Reasons

The Defendant was physically and mentally weak at the time of committing the instant crime.

The punishment sentenced by the court below (long-term nine years of imprisonment, short-term five years) is too unreasonable.

Judgment

In light of the various circumstances acknowledged by the record on the assertion of mental and physical weakness, particularly the background leading up to the Defendant to commit the instant crime, the content of the instant crime, the means and method of the instant crime, the circumstances after the instant crime, and the mental appraisal result against the Defendant, the Defendant was in a state that the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the defendant's above assertion cannot be accepted.

Reviewing the sentence of the court below on the basis of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the column of the "reason for Sentencing" of the court below's judgment, including, inter alia, the fact that two or more persons die and six persons die due to fire prevention without any reason, damage recovery to victims or their bereaved family members, and the defendant was under the protection observation period at the time of the crime of this case, and the fact that the defendant was under the protection observation period at the time of the crime of this case, etc., the court below's sentence is too excessive and unfair. Thus, this part of the defendant's assertion is without merit.

In conclusion, the defendant's appeal is without merit and thus dismissed under Article 364 (4) of the Criminal Procedure Act. However, it is clear that some of the judgment below's entries are omitted by mistake, and therefore, it is decided to correct them under Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition.

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