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(영문) 광주고등법원 (전주) 2018.02.13 2017노228
현주건조물방화
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that did not recognize mental and physical weakness despite mental illness, such as alcohol ozone and disorder in decentralization at the time of committing the instant crime, and mental and physical weakness due to the main alcohol at the time of the instant crime is unlawful.

B. The sentence of the lower court (two years and six months) is too unreasonable in view of the fact that the Defendant committed the instant crime by contingency, the Defendant recognized the instant crime and reflected against the Defendant, and the Defendant was the physically handicapped person.

2. Determination on the defendant's case

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, namely, ① the Defendant made a detailed memory of the reason, method, and circumstances before and after the instant crime, on the day of the instant crime; ② the Defendant’s mental appraisal statement against the Defendant: “In the event of the instant crime, the appraiser was presumed to have been diagnosed and drinking at the time of the instant crime, but the victim’s alcohol and behavior at the time were deemed not to reach the degree of mental and physical disorder (mental or physical disorder) due to his voluntary behavior by drinking; ③ Taking full account of the details and contents of the instant crime, and the Defendant’s behavior before and after the instant crime, the Defendant was in a state where the Defendant had weak ability to discern things or make decisions at the time of the instant crime.”

It does not appear.

Therefore, the lower judgment did not err as alleged by the Defendant.

B. The instant crime of determining the illegality of sentencing is the fact that the Defendant and his spouse use the Defendant’s house as residence.

The defendant suffers from alcohol symptoms, and the crime of this case is planned.

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