일반물건방화
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentencing of the lower court (one year of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. It is true that the crime of this case was committed by the Defendant by setting fire to his hand and sora, which was delivered by the Defendant, and the nature of the Defendant’s crime in light of the contents and result of the crime.
However, the following circumstances need to be considered in sentencing.
The Defendant seems to have committed a crime by disregarding his wife while having experienced economic difficulties without having a certain occupation.
After the crime, it has not been expanded to the surrounding area, and the amount of damage is not much significant.
In the case of the party, the amount of damage has been repaid to the side of the Dongdaemun-gu Office of the victim, and the public official F belonging to the Jung-gu Office expressed his intention that he does not want the punishment of the defendant.
An agreement has been reached between victim E and H.
The defendants recognize the crimes and repent their mistakes.
In addition, in full view of all the sentencing conditions in this case, including the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court's sentencing committee, the sentencing of the court below against the defendant is deemed unfair.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 167 (1) of the Criminal Act applicable to the facts constituting the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment heavier than that).