현주건조물방화
The judgment of the court below is reversed.
The sentence against the accused shall be determined by one year and six months of imprisonment.
except that this judgment.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The Defendant, by disregarding himself, committed a fire in a house in which people live.
The defendant's fire-fighting vehicle is difficult to enter the fire-fighting vehicle, and small houses are densely concentrated, and there was a risk of serious human life damage and property damage.
The nature of the crime is bad in light of the circumstances of the crime and the risk of the crime.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant committed a crime, and the defendant committed a mistake, the fire was extinguishing at a relatively rapid time, and the damage of property seems to have not been significantly significant. In this court, the fact that B, as a lessee of a house, who suffered a substantial damage to property, desires to have a preference to the defendant, and there is no criminal power of the same kind, and that the defendant has no criminal power of the same kind, and that there is an old age of 69 years, and other various sentencing factors as shown in the records and arguments of this case, such as character and behavior, environment, family relationship, and circumstances after the crime, it is deemed that the sentence imposed by the court below against the defendant 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, and the following is ruled again after pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the judgment on the grounds for appeal);
1. On the grounds of appeal under Article 62(1) of the Criminal Act;