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(영문) 서울고등법원 2018.08.23 2018노1571
현주건조물방화미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had a mental and physical loss or mental weakness due to intellectual disability, illness, etc.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the Defendant asserted the same purport as that of this part in the lower judgment.

According to the evidence duly adopted and examined, the court below rejected the above assertion on the following grounds: although it is acknowledged that the defendant had received mental therapy due to symptoms such as the disabled of class 2 with intellectual disability, cerebralopia, salphrosis, salphrosis, extreme behavior, decentralization disorder, etc., in light of the following circumstances, the circumstances, the circumstances and means of the crime of this case, and the actions before and after the crime of this case, etc., the defendant did not seem to have lost his ability or decision-making ability at the time of the crime of this case, or did not seem to have reached a weak state.

As a result of the mental appraisal entrustment to the defendant, the defendant's unstable appraisal and impulseal aspects were not caused by the symptoms due to the scarcity intellectual disorder, but based on the character characteristics.

In principle, the same nature defect as the shock disorder does not constitute a mental disorder, which is the reason for the reduction of punishment.

The Defendant appears to be relatively supposed with the content of the instant crime.

The defendant, in the prosecutor's office, is likely to kill or kill a person as well as the building in case of a fire.

I think.

However, she did not have a woman-friendly Gu and expressed a desire to do so.

F, due to the United States of America, the Republic of Korea has become the United States of America.

A statement was made to the effect that it was more likely that it would be greater to attach a fire to the front section than directly attaching a string to the string of goods loaded on board, and that it would be more likely to bring it to a string.

(ii)..

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