Text
Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The Defendant and the Defendant-Appellant for the medical care and custody (hereinafter “Defendant”) entered a church without any special reason.
As a result of the defendant's crime, the inside of the church caused damage to the church and the damage was not recovered.
In the past, the Defendant committed the instant crime even though he had been subject to punishment twice or more of the past fire-prevention crimes.
Considering the above circumstances and other factors of sentencing as indicated in the records and arguments of this case including the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, considering the following factors: (a) the Defendant recognized all of the crimes; (b) the Defendant committed the crime in a state of mental and physical weakness due to early illness; and (c) the Defendant did not want the Defendant’s punishment on the part of the church of the victimized person, the lower court’s punishment cannot be deemed unfair because it is excessively unreasonable for the lower court to have imposed the Defendant.
3. According to Article 14(2) of the Act on the Medical Treatment, Care, Custody, etc. of the Part of the Medical Care and Custody Claim Claim, when the defendant files an appeal against the defendant’s case, the appeal regarding the medical care and custody claim is
However, the defendant did not submit any grounds for appeal as to this, and even if examining the judgment of the court below, there is no reason to investigate and reverse this part ex officio.
4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, Article 51 of the Medical Care and Custody Act, and Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal by the defendant is groundless.