현존건조물방화치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
One strawer (No. 1) seized shall be available for each time.
1. We accept the Defendant’s assertion that the Defendant is too heavy in consideration of the fact that the Defendant’s judgment on the grounds for appeal was made in the first instance, and the Defendant’s mistake was divided and reached an agreement with some victims, and thus, the Defendant’s punishment (a four years of imprisonment and confiscation) was reached.
Therefore, the judgment of the court below is reversed, and it is again decided as follows (Article 364 (6) of the Criminal Procedure Act). 2. The judgment which is again used after the reversal of the judgment below is reversed.
A. Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be quoted in the summary of crime and evidence.
B. Articles 164(2) and 164(1) of the relevant Criminal Act concerning facts constituting an offense subject to statutory application of the said Act and Articles 40 and 50 of the said Act (the punishment stipulated on the crime of causing bodily harm to a building or fire against the victim M with the largest amount of punishment) Articles 50 and 50 of the said Act (the punishment stipulated on the crime of causing bodily harm to the victim M with the largest amount of punishment) of the Criminal Act for the selective abandonment of imprisonment for a limited term of imprisonment, the forfeiture of Article 48(1)1 of the said Act for the crime subject to statutory application of Article 53 and Article 55(1)3 of
C. Prior to the reasons for sentencing, the following sentencing conditions as stated in the pleadings of the instant case, such as the history of reversal, the following sentencing guidelines, the criminal history, age, sexual conduct, environment, motive, means and consequence of the crime, etc., shall be determined by excluding the lower limit of the recommended sentence, and the sentence shall be determined as ordered.
[Determination of Type 1 (Bodily Injury resulting from Fire Caused by the Present Building, etc. of the present owner) (Special Sentencing) minor injury (person in charge of sentencing), motive for commission of crime (aggravating factors) [Determination in the sphere of recommendation] Basic Field of Fire Prevention / Death or Injury caused by Fire, such as the present owner's building] 4-7 years of imprisonment with prison labor for / seven years