일반물건방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. On July 2, 2009, the Defendant was sentenced to two years of imprisonment by the Incheon District Court for a general automobile, fire prevention, general goods fire prevention, etc. on May 21, 201, and again commits the crime of this case of the same kind during the repeated crime period after the execution of the sentence was completed, and there was a serious social risk from fire, and the Defendant, by setting a fire to the public land, was sufficient risk of a large amount of fire, and the Defendant could have been sentenced to a fine due to theft, violation of the Road Traffic Act, fraud, etc., or a criminal offense of imprisonment with labor several times, in addition to the criminal offense resulting from fire prevention, is disadvantageous to the Defendant.
On the other hand, from 9:0 p.m. to 6:0 p.m. from 9:0 p.m. to 6:0 p.m. from 1:0 p.m. to 1:0 p.m. from 1:0 p.m. to 1:0 p.m. from 1:0 p.m., the Defendant, after the crime of this case, was committed, had been under fixed-type by suffering from the injury caused by a collision with the taxi while he/she was on board and delivered with the taxi on September 14, 2013. The direct damage caused by the fire of this case was done at a very minor level, and the Defendant agreed with the victim (the owner of the destroyed truck).
In addition, various sentencing conditions such as the defendant's age, character and conduct, environment, background of the crime of this case, circumstances after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (decision of type). In general standards, the general element of mitigation (special appearance): where actual damage is minor, if the damage is not punishable or considerable damage is recovered, the aggravated element: Reduction area of the same repeated crime [decision of the recommended area] mitigated area (decision of the recommended area]. 6 months to one year, etc.