현주건조물방화
The defendant's appeal is dismissed.
Part 3 of the judgment of the court below is to delete "two years of suspended execution" of Part 9.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The summary of the instant crime is that, in the apartment where the Defendant, who had been hospitalized in a mental hospital, was living together with his parent, the mother, at the mental hospital, tried to rehospitalize the Defendant at the mental hospital, destroyed all the apartment that had been living together with the clothes of the Defendant’s room and the parent’s room.
The defendant shows his attitude to reflect in depth.
Personal damage did not occur due to the instant crime.
The parents, relatives, and the branch of the defendant want to be the wife.
The parent of the defendant restored the damage to the lessor by repairing all the leased apartments.
The lessor does not want to punish the defendant.
The defendant is the first offender.
The above is the circumstances favorable to the defendant.
On the other hand, the crime of fire prevention is highly likely to harm public safety and peace and cause serious damage to a large number of life, body or property.
In particular, it is necessary to strictly punish the current building or fire-prevention in that it is a crime that a person uses as a residence or destroys existing buildings.
In this case, it is important to commit a crime in that if the apartment house in which the defendant was living is living in the neighborhood, it could lead to a large-scale fire that causes enormous damage to human life and property damage.
As a result of the crime of this case, all apartment houses living by the defendant are suffering from property damage.
In light of the motive, circumstances, risk, etc. of the crime of this case, it is necessary to isolate the defendant for a certain period.
The above is the circumstances unfavorable to the defendant.
The above circumstances, the Defendant’s age, character and conduct, environment, and circumstances after crimes, all the sentencing conditions and the Supreme Court set forth in the instant pleadings.