현주건조물방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of imprisonment) is too unreasonable.
2. The crime of this case is determined by the Defendant’s act of setting fire to and burns part of the premises of the Moel that the Defendant had been living in her house. As the Defendant had been living inside the Moel, there may have been a large amount of damage to human life due to the crime, since there were many other customers, Do, F, etc. inside the Moel at the time of committing the crime, and the amount of damage to property resulting from the instant crime is also considerable.
However, the defendant has no particular criminal history except for two times of fine due to the violation of the Road Traffic Act.
The defendant recognized his mistake and reflects his wrong, and the defendant seems to have committed the crime of this case in a state of mental and physical weakness.
After the occurrence of the instant fire, the Moel owners confirmed that the amount of damage caused by the fire to be paid by the insurance company is KRW 65,468,768 according to the insurance terms and conditions after the occurrence of the instant fire, and agreed to receive insurance money equivalent to the above amount from the insurance company, and thus, deemed to have been considerably recovered from the damage caused by the instant fire. The Defendant’s family deposit KRW 6 million in total for the Mour owners during the process of going through the lower court and the first instance court.
In the course of the sentencing investigation conducted in the trial of the case, the elderly owners have agreed with the insurance company, and the defendant's family members have been punished at a minimum and have returned to the society as soon as possible in the course of the criminal investigation.
“The statement was made to the effect that “........”
Such circumstances are the circumstances that would be favorable to the defendant.
In addition, all the sentencing conditions shown in the argument of this case, such as the age, sex, environment, and motive and circumstance of the crime, and sentencing guidelines for the Supreme Court.