현존건조물방화등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, three years of suspended sentence, probation, and community service order) imposed by the court below on the defendant is too uneasible.
2. The crime of this case committed by the Defendant, on the ground that the Defendant was about a talker from female-friendly women and made a harmony, destroyed the property and damaged part of the said building by rupture into the housing site where female-friendly women reside, and setting fire to the said housing site. It is not good that the crime is committed in light of the motive, content, etc. of the crime.
The time of the crime of fire prevention is about 01:30, most people, and the risk of the act is high in light of the fact that other housing buildings were concentrated around the above housing building.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant, who did not have any previous criminal record, runs counter to the defendant's acknowledgement of his mistake at the latest.
There is an agreement with the victim who suffered property damage due to the crime of fire prevention, and the victim does not want the punishment of the defendant.
Such circumstances are the circumstances that would be favorable to the defendant.
In light of these circumstances, considering all of the sentencing conditions, such as the Defendant’s age, character, conduct and environment, etc., it is not deemed that the lower court’s sentence against the Defendant is too unjustifiable.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.