일반건조물방화등
The judgment of the court below and the judgment of the court below are all reversed.
The punishment of the accused shall be three years of imprisonment.
1. The punishment sentenced by the court below (the first instance court's judgment: two years, and two years, imprisonment) Nos. 1 and 2 of the summary of the grounds for appeal (the second instance court's judgment) is too unreasonable.
2. Examining ex officio prior to the judgment on the grounds of appeal for ex officio determination, the first and second judgment rendered on each of the defendants, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the crimes of the first and second judgment is to be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgment cannot be maintained as it is.
3. Thus, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below Nos. 1 and 2 is reversed, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment of the court of first and second instance. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
(including annexed table 1 and 2 of the judgment below of the court below). Application of Acts and subordinate statutes
1. The facts constituting the crime are as follows: Article 166(1) of the Criminal Act for the pertinent criminal facts; Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 329 of the Criminal Act; Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 330 of the Criminal Act; Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 342 and 330 of the Criminal Act; Article 347(1) of the Criminal Act; Article 347(1) of the same Act (the point of fraud; each choice of imprisonment with labor); Article 70(1)3 of the Specialized Credit Finance Business Act.