현주건조물방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized one (No. 1) shall be confiscated.
1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. Ex officio determination
A. The summary of the facts charged is that the Defendant is a lessee of multi-household E in Ansan-gu, Ansan-gu, and D is a son of C, the owner of the above multi-household house, and managed it.
At around 10:50 on September 30, 2018, when the Defendant made telephone conversations with D on the issue of return of deposit for lease and multi-household E, the Defendant: (a) caused D to the defect that “I would not refund the entire amount of deposit if I would not repair the house before the director’s maturity”; (b) cut off the phone to D after saying D “I would leave the house to the house.” (c) attached a fire to 2 straws attached to the string of the string of the string of the string of the string of the strings, which were 9 people, such as F, to move to the string of the string of the string of the strings.
B. Whether the present building or fire prevention crime is recognized or not, the present building or fire prevention crime takes place at the time when the present building, which is the object, is in a state of burning it by itself, regardless of chemical power (see Supreme Court Decision 2006Do9164, Mar. 16, 2007). In a case where the present building or fire prevention is attached to an object which can be separated without damaging it, it cannot be deemed that the present building or fire has reached the state of independent combustion.
However, according to the evidence duly adopted and examined by the court below and the court below, the defendant attached Dorts No. 2, which had been in possession of the above multi-household E, and caused Dorts to go away from the floor of Dorts and left part of the Dorts. However, the defendant reported 119 directly to the Dorts to go on the Dorts, so that the fire officers dispatched within 2 to 3 minutes from the Dorts can immediately extinguish the fire, thereby making the floor board 90 cm in length and 45 cm in width.