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(영문) 대전고등법원 2015.01.09 2014노243
현주건조물방화치상등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) At the time of committing the instant crime, the Defendant was in the state of having no capacity to discern, or make a decision on, the subject matter under the influence of alcohol.

Defendant

In the grounds of appeal of the submission, mental and physical disorder is considered as the grounds of appeal, and there is no clear statement on whether it is a mental and physical disability or not, but in the court below, it has already recognized mental and physical disability, so the defendant's argument is regarded as the

Dob. The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. According to the records on the Defendant’s assertion of mental disorder, it can be acknowledged that the Defendant suffered from mental illness such as depression at the time of the instant crime, and the Defendant committed the instant crime under the influence of alcohol. The lower court, on the above ground, mitigated the legal mitigation for mental disorder.

In light of the record, there is no other mental and physical reason, such as mental disorder, other than the mental and physical reason recognized by the court below.

3. The Defendant’s fire-fighting, which was committed by the Defendant on the grounds of unfair sentencing in both parties, is highly likely to cause an unspecified number of ideas and ideas. In fact, the victim E suffered an injury to inhaled nature, pulmonary damage, or organ pulmonary convergence, and the Defendant again committed the fire-fighting crime and violent crime of this case even though he had the record of punishment for multiple times by violence, etc., in addition to the records of punishment, even though he had already been punished several times, and did not reach an agreement with the victims, and did not recover from the damage, etc. are disadvantageous to the Defendant.

However, the sentencing conditions, such as the defendant's age, occupation, character and conduct, motive for committing the crime, circumstances after committing the crime, etc., are as follows.

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