현주건조물방화등
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. In fact, the court below erred by misapprehending the legal principles or misconception of facts, which affected the conclusion of the judgment by failing to reduce the punishment, even though the defendant was in a state of mental disability due to the impulse adjustment disorder at the time of the crime in this case.
B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.
2. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, even though the defendant acknowledged that there was a lack of ability to discern things or make decisions on fire-fighting due to the difficulty in shocking with respect to fire-fighting due to the mental retardation and the state of exploitation at the time of the crime in this case, the court below erred in the misapprehension of legal principles and the misapprehension of legal principles which affected the conclusion of the judgment, by failing to reduce punishment, and by failing to reduce punishment, the defendant's allegation
3. If so, the defendant's appeal is with merit. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading.
Criminal facts
The summary of the facts charged and evidence of the defendant and the summary of the evidence acknowledged by this court are as follows: "The defendant is a person who was sentenced to a suspended sentence of one year and six months at the Suwon District Court on June 30, 201 to a suspended sentence of two years on July 8, 201, and is currently under the suspended sentence of one year and six months, and is working as an employee in Suwon-si Population C, and is currently under the suspended sentence of one day and six months in accordance with the mental retardation and the state of exploitation at the Suwon District Court on June 30, 201." "The defendant was sentenced to a suspended sentence of two years on July 8, 201 to a suspended sentence of one year and six months on July 30, 201, and the judgment became final and conclusive on July 8, 2011."