현주건조물방화미수등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor of two years and six months and by a fine of 150,000 won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The Defendant withdrawn the assertion of mistake of facts on the first day of the trial of unfair sentencing.
The sentence of the court below (two years of imprisonment) is too unreasonable.
B. Prosecutor 1) Although there was sufficient evidence to find guilty of the charge of misconception of facts or misapprehension of legal principles, the lower court erred by misapprehending the facts, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, solely on the grounds as indicated in its reasoning. 2) The sentence of the lower court on unreasonable sentencing is too unreasonable and unfair.
2. In the case of intimidation, obstruction of performance of official duties, and obstruction of official duties in the trial, the prosecutor applied for changes in the indictment with the name of each crime as stated below, "violation of the Punishment of Minor Offenses Act", "Violation of Article 3 (1) 19 of the Punishment of Minor Offenses Act", "Article 3 (1) 19 of the Punishment of Minor Offenses Act" and "application for changes in the indictment with regard to the larceny portion as stated below. In addition, the prosecutor applied for changes in the indictment with regard to the punishment of larceny portion as stated below.
This Court has permitted all the above application for changes in indictments, and accordingly the subject of the trial was different from the original court. This part must be sentenced to a single punishment in relation to the remaining criminal facts which the court below found guilty and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the original judgment cannot be maintained any more in this respect.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.
3. Determination on the grounds for appeal
A. On each intimidation, obstruction of performance of official duties, and conflict, participatory trials introduced to enhance the democratic legitimacy and trust of relevant legal principles.