일반자동차방화등
The judgment of the court below (including the part not guilty in the grounds) shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
except that this judgment.
Summary of Grounds for Appeal
A. The punishment imposed by the lower court (two years of imprisonment) is excessively unreasonable.
B. Since a motor vehicle and goods inside the motor vehicle were destroyed together by a fire-prevention act of a public prosecutor (not guilty, or not guilty part of the reasoning), all the elements of the crime of ordinary motor vehicle fire and property damage were satisfied, and both crimes are different from the elements of the crime and legal interests to be protected, and the motor vehicle was destroyed
Therefore, it is difficult to see that the result of the damage of goods in a motor vehicle is ordinarily and formally accompanied, and the illegality of the elements of the crime of causing property damage or the contents of liability are insignificant compared to the general crime of causing property damage.
Therefore, both the crime of ordinary car fire prevention and the crime of property damage are established in the defendant, and both crimes are in a mutually competitive relationship.
Nevertheless, the judgment of the court below that acquitted the defendant on the charge of causing property damage by deeming the facts charged as an unaggravated accompanying act is erroneous in mistake or misapprehension of legal principles.
2. Determination
A. On December 4, 2019, the summary of this part of the facts charged is as follows: (a) around 23:50 on December 4, 2019, the Defendant: (b) destroyed goods with a total of KRW 4,840,00,000 in the market price, such as computer flurgers, oral speech, etc. owned by the victim owned by the victim, which was parked in the vehicle with a e-sturged vehicle attached thereto; (c) the crime of fire under the Criminal Act is a crime under the protection of public safety; and (d) the crime of fire under the Criminal Act is a crime under the protection of public safety; (e) if the goods stipulated in Article 166 of the Criminal Act, such as general buildings, ordinary vehicles, etc., and general goods stipulated in Article 167 of the Criminal Act, which are the most severe crime as a single comprehensive crime, and is punished by general buildings, fire-prevention, general vehicles, or fire-prevention.