현주건조물방화예비
The prosecutor's appeal is dismissed.
The prosecutor asserts that the court below's punishment (the imprisonment of eight months, the suspension of the execution of two years, and the forfeiture) is unfair on the grounds of appeal. However, in full view of the elements of sentencing as expressed in the court below's sentencing deliberation process, the court below's judgment of sentencing exceeding the reasonable limit of its discretion, where the court below's primary sentencing factors such as the motive and risk of the crime in this case, the criminal history of the defendant, the existence of substantial damage, and the agreement with the victim, etc.
It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.
Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).