현주건조물방화예비
The prosecutor's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unfair as it is too unfasible.
2. The Defendant’s crime of this case is likely to cause a large number of harm to life, body, or property, and thus, it is necessary to strictly punish the Defendant.
However, in light of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasy and thus, cannot be deemed unfair, in light of the fact that the Defendant was punished for the same kind of crime, and that the Defendant committed the instant crime due to infertility with the wife, but the wife expressed his intent to maintain the family relationship with the Defendant and wants to be able to keep the Defendant.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.