현주건조물방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (defendants) by the lower court (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case was committed after the defendant was dismissed from the victim, and the defendant did not find it, and caused the fire to go to the restaurant that he worked, and the amount of KRW 22 million was damaged. The crime was committed in light of the motive of the crime, degree of damage, etc., and the crime of fire prevention is highly likely to cause serious damage to people's life, body, property, etc. In particular, the second and fourth floors of the fire-fighting building used as a house, which is used by the defendant as a house and could lead to a huge amount of damage to people's lives.
However, in full view of the following factors: (a) the Defendant appears to have committed the instant crime contingently; (b) there was no loss of human life; (c) the Defendant has committed a misunderstanding in depth through confinement life for about six months; (d) the Defendant agreed with the victim; (b) the Defendant was the wife of the Defendant; (c) the Defendant’s parents and siblings did not have a ties relation with the Defendant; (d) the Defendant was the Defendant’s wife without having a ties with the Defendant; and (e) the Defendant did not have any history of punishment for the same crime; and (e) other various sentencing conditions indicated in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime; and (e) the circumstances after the crime, etc.,
Therefore, the defendant's argument is justified.
3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, so the Criminal Procedure Act.