현주건조물방화예비
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the preliminary fire-prevention of the present main building, which is the primary charge of this case, although the defendant's fire-prevention purpose can be fully recognized, there is an error of law by misunderstanding the facts.
2. Determination:
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the trial of the party, the prosecutor applied the provision of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to "special intimidation" and Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act to "Article 284 and Article 283 (1) of the Criminal Act" to "Article 284 of the Criminal Act and Article 283 (1) of the Criminal Act" as the name of the crime against the ancillary facts of this case (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was changed to the subject of the judgment by the court. Thus, the judgment below was no longer maintained
However, the prosecutor's assertion of misunderstanding the facts is still subject to the judgment of this court, which is examined below despite the above reasons for reversal.
B. Examining the judgment of the court below as to the assertion of mistake of facts in comparison with the records, the court below's decision that acquitted the Defendant of the primary charges for the preliminary fire-fighting of the present building on the ground that the evidence submitted by the prosecutor alone alone is difficult to recognize that the Defendant gave gasoline on the floor for the purpose of preventing fire, is acceptable, and there is no error of misconception of facts as alleged in the prosecutor's grounds for appeal.
Therefore, the prosecutor's ground of appeal is without merit.
3. Although the prosecutor’s appeal is without merit, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there is a ground for ex officio reversal of the part on the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) among the judgment below, and the following is again decided after pleading.
Criminal facts
Criminal facts and the summary of evidence recognized by the court.