현주건조물방화미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Defendant 1) The thief’s theft committed a theft of food amounting to KRW 20,00 at the D convenience point in the operation of the Victim C, and did not steals food amounting to KRW 42,200.
B) The Defendant, on the premise of interfering with the F’s daily work, put the paper that was entered by facsimile, and immediately putting the paper into the cooling house into the cooling house. Therefore, the Defendant did not have any intention to commit fire to the existing structure. C) The Defendant did not take a bath or assault against the victim I at the “K convenience store.”
2) At the time of each of the instant crimes, the Defendant was in a state of mental disability caused by both polarly dynamic disorder and sternal disease. 3) The sentence imposed by the lower court of unreasonable sentencing (one year and six months of imprisonment) on the Defendant is too unreasonable.
B. Prosecutor 1) The Defendant is a multi-household house owned by F with the indication of that paragraph on the ground that F does not return deposits to F. The Defendant’s misunderstanding of facts (hereinafter “multi-household house”)
(2) In light of the fact that the Defendant had an intention to prevent fire to the instant multi-household house and that there was a risk of large number of people in the instant multi-household house, it is sufficiently recognized that the Defendant had an intention to prevent fire to the instant multi-household house, and that the Defendant started its implementation. 2) In light of the fact that the instant multi-household house had an intention to commit fire to the instant multi-household house, and that the instant multi-household house had an intention to commit it, and that the instant multi-household house had an intention to commit it to commit it. 2) The instant punishment imposed by the lower court on the Defendant is unreasonable because it is too uneasible.
2. Determination
A. Determination of the defendant's misunderstanding of facts and the argument of mental disorder 1) thief is a larceny.