A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

A. Legal principles are abstract dangerous crimes, and the defendant can spread to neighboring households of 707 Dong-gu, Incheon Metropolitan City C apartment (hereinafter “the apartment of this case”) even if 707 Dong-gu, Incheon Metropolitan City (hereinafter “the apartment of this case”)'s dwelling place. Thus, the crime of this case is deemed to constitute the crime of damaging the main building of this case, but the judgment of not guilty as to the crime of damaging the main building of this case, and the judgment of the court below which found only the general building fire prevention to be erroneous in the misapprehension of relevant legal principles, which affected the conclusion.

B. The sentence imposed by the court below on the defendant (two years of imprisonment with prison labor, three years of suspended execution, and confiscation) is too uneasible and unfair.

2. Determination

A. The lower court found the Defendant not guilty on the ground of the charge of the crime of damaging the present residential building among the facts charged in the instant case on the ground that: (a) the Defendant was living together with the instant apartment 707 Dong 1502; (b) the instant apartment constitutes an independent residential space for the structural use of the household; (c) it is difficult to regard the entire said 707 apartment as a single building, barring any special circumstance; and (c) it is difficult to deem the Defendant to have intentionally committed fire prevention against the entire 707 apartment building; and (d) it was found guilty on the ground that the crime of damaging the present residential building

B. We examine the judgment of the party, and the present residential building and fire prevention crime are the name of the object regardless of the object which is the object which is the object which is the object which is a chemical power (see, e.g., Supreme Court Decision 2006Do9164, Mar. 16, 2007) and apartment houses such as apartment houses constitute an independent residential space for each household in terms of structural use by each household, but in terms of public danger caused by fire, in the case of apartment houses, it is difficult to turn out from one household on the structure or facilities of the apartment house to another.