현주건조물방화등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.
2. Among the crimes of this case, the crime of setting fire to the suspender building among the crimes of this case is an offense that may harm public safety and peace and cause serious damage to the lives and property of many people, and is serious social harm.
The victim of the crime of fire prevention of the present residential building in this case was living in the district where the high risk of fire was high due to multi-household houses with the fourth floor size located in the densely-populated area, and the amount of damage was high due to the fire of the victim's residence due to the crime in this case.
It is not good that the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in this case is also committed in that the defendant suffered injury to the victim by violating his duty of care as a taxi driver, and that he escaped by violating his duty of rescue.
The defendant has been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), the violation of the Road Traffic Act, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
Such circumstances are disadvantageous to the defendant.
On the other hand, the court below did not recognize the crime of fire prevention of the present building among each of the crimes of this case, and against all of the crimes of this case during the trial.
The present state building and fire prevention did not cause damage to a third party's life or body due to the present state building and the degree of injury to the victim of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is relatively minor.
The victims of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in this case and the victims who resided in the dwelling which is the object of the crime of fire prevention against the present state structure do not want the punishment of the defendants.
There is no record of punishment for the defendant as a crime of fire prevention and fire extinguishment.
These circumstances shall: