현주건조물방화등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (the statement of grounds for appeal submitted by the defendant stated "mental disorder" in the statement of grounds for appeal, but the defendant and his defense counsel stated on the date of the first trial of the party concerned that they appealed on the grounds of unfair sentencing, and thus the above "mental disorder" argument is deemed to have been withdrawn) by the court below (two and half years of imprisonment) is too unreasonable
2. The Defendant fired the instant house leased from the victim due to his own new disease. The instant house, other than the Defendant’s family, was living in two to three households in the first floor, and two households in the second floor. Although there was no real loss of human life due to the fire prevention of the instant case, there was no actual loss of human life.
Even if so, there are many kinds of records that have been punished for various crimes in light of the fact that there was a high risk of serious damage to human life, the fact that the crime was serious, the fact that the victim did not recover actual damage, and the fact that there are many kinds of records that have been punished for various crimes in the past, etc. are disadvantageous to the defendant.
However, there are circumstances that can be taken into account in the course of committing the crime, such as the fact that the Defendant was under the influence of alcohol while under the influence of heavy stress after having his wife deducted the security deposit, and that he made a fire report through her own children after the fire prevention, etc., there were few times to consider in the process of committing the crime, such as the fact that the Defendant was under the influence of alcohol, and that there was no loss of property, there was no loss of human life, there was no loss of life, and that there was a smooth agreement with the victim, in particular, up to the trial, the victim wanted to change the location of the Defendant so that she can look at her children, and that the Defendant is not in a state of health due to liver and urology, etc., and that the Defendant should look at the children of 1 year, 1 year, 2 years, 2 years and 5 years, 5 years, and 5 years, etc. of young middle schools.