현주건조물방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The building of the second floor G 2nd floor (hereinafter “the building of this case”) owned by C, the object of the fire prevention of this case, by mistake of facts or misapprehension of legal principles, was changed to a child care center around December 19, 2003. Since the building of this case was not used as a residence at the time of the crime of this case, it does not constitute the building of the child care center.
Nevertheless, the judgment of the court below which found the building of this case as the present building and found guilty of the facts charged with the fire of the present building is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
B. Under the influence of alcohol, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
C. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.
2. Determination
A. (1) The judgment of the court below on the assertion of misunderstanding of facts or misunderstanding of legal principles also asserted as the grounds for appeal in this part, and the court below rejected the defendant's assertion in determining that the building of this case can be seen as a building used for human residence in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, since the building of this case can be seen as a building used for human residence.
(1) The term "human use for residence" as referred to in the crime of fire-prevention against a suspender building.
means that a person other than an offender uses it as a place for daily life, continuous need not require the presence of a person at night, and it does not require that the original purpose is to use it as a house or that it is built for the purpose of using it as a residence.
② In addition, “residential place” is not necessarily used for a stopping and erosion.