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(영문) 서울고등법원 2016.07.01 2016노1140
현주건조물방화미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Even though the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court (a three-year imprisonment, confiscation) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is acknowledged that the defendant committed the crime of this case, even though he was found to have committed the crime of this case on the part of the defendant at the time immediately before the crime of this case. However, in light of the following: (a) the defendant was aware that he committed the crime of this case on the part of the defendant at the time when he committed the crime of this case; (b) the defendant's behavior at the time of the crime; (c) the circumstances after the crime of this case; (d) the developments leading up to the purchase of the width; (e) the means of transportation by the Gu office; (e) the means of transportation by the Gu office up to C; (e) the social welfare of the 7th floor of the Gu Office; and (e) the process of

Therefore, this part of the argument is without merit.

B. The instant crime of determining the illegality of sentencing is a matter of which the Defendant prepared to prepare a considerable amount of vision and excessive amount in advance, thereby breaking a stoper and putting fire to the Gu office building, as well as the public officials who intend to bring fire to fire and extinguishing fire.

Despite a lot of age and good health, the Defendant was informed that the Defendant was unable to receive housing benefits under the Basic Living Security Act, which had been paid by a public official of the Gu Office, due to employment of her children, while making efforts for family's livelihood, such as the spouse who suffers from the drop in the function of the upper line, and was engaged in the instant crime.

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