logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.25 2013노1002
일반건조물방화등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date when this judgment has become final.

Reasons

1. The lower court sentenced the Defendant to dismiss the prosecution on the part of the facts charged in the instant case, and sentenced the Defendant to one year’s imprisonment, recognizing the remainder of the facts charged.

The judgment below

Since the defendant and the prosecutor filed an appeal only on the guilty part, the dismissal part of the prosecution was separated and finalized.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. (1) Defendant (1) was in the state of mental disorder at the time of committing a crime with a mental disorder claiming mental disorder.

(2) In light of the fact that the Defendant was in the state of severe mental disorder of evidence and the Defendant agreed with the victims, the lower court’s sentence is too unreasonable.

B. In light of the degree of damage suffered by the prosecutor, the gravity of the crime of fire prevention of this case, etc., the lower court’s punishment is too uneasible.

3. Determination

A. According to the record of the Defendant’s assertion of mental disorder, it is recognized that the Defendant’s mental disorder, such as physical disorder, suffered by the Defendant, was the principal cause of the instant crime. However, in light of the background of the crime, the method and content of the crime, the Defendant’s behavior and attitude expressed before and after the crime, etc., it does not appear that the Defendant had the ability to discern things or make decisions.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s crime of fire prevention of this case by asserting unfair sentencing by the Defendant and the Prosecutor was likely to cause a large-scale accident, the degree of damage to the victim D, and the crime committed in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was very dangerous, etc., and the Defendant was disadvantageous to the Defendant, and the Defendant agreed with the victim D and F.

arrow