A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

The punishment of the court below (two years of imprisonment, etc.) is too unreasonable.

2. The crime of fire prevention of this case is highly likely to undermine public safety and peace, and is not a good crime.

In particular, the Defendant committed the crime of fire prevention, etc. on a planned basis, such as preparing the criminal tools in advance, with an appraisal of retaliation due to a minor dispute, which is highly likely to be criticized.

Although the Defendant had been punished for violent crimes, he again committed each of the crimes of this case.

However, considering the fact that all of the crimes of this case are recognized and against the defendant, the victims do not want the punishment of the defendant, and the court below does not want the punishment of the defendant, there is no criminal history of the same kind of fire-prevention crime or a punishment exceeding the fine, there was no actual intent to cause human life damage due to fire-prevention crime, and there was no actual intention to cause human life damage, and considering the circumstances favorable to the defendant that the defendant's family and supporters want to take the defendant's wife against the defendant and that social relation is obvious, and considering all the sentencing conditions on the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 369(1) of the Criminal Act and Article 369(1) of the same Act concerning the applicable criminal facts;