현주건조물방화예비등
The prosecutor's appeal is dismissed.
In light of the fact that it is difficult for the Defendant to believe that the Defendant, who was dispatched to the present site of this case, spreaded gasoline to the police officer F who stated that “I would die with the victim He and Ha, sing off gasoline,” and that the Defendant’s vindication that I would like to remove malodor, among the facts charged by the Prosecutor’s misunderstanding the gist of the grounds for appeal by the prosecutor, there was a purpose of extinguishing the Defendant’s fire to the Daejeon Seosung-gu building (hereinafter “the instant building”) owned by the victim.
Inasmuch as it is recognized that the Defendant, for the purpose of fire prevention, has prepared fire prevention by spreading gasoline into and around the entrance of Qing room (hereinafter “instant singing”) located on the first floor of the instant building and around the entrance stairs.
Of the facts charged in the instant case, regarding the damage of one’s own property on May 27, 2015, according to the victim’s and the victim’s statement P, etc., it can be acknowledged that the Defendant damaged the glass door of the first floor of the instant building.
Of the facts charged in the instant case, with regard to the damage of a person’s property on July 25, 2015, according to the victim, P and witness S’s statement, on-site photographs, etc. taken by the victim’s car, on-site photographs, etc., the Defendant may recognize the fact that he/she damaged the victim’s car using plastic traffic fingers.
Nevertheless, the judgment of the court below that acquitted each of the above facts charged is erroneous by mistake.
The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too uneasy and unfair.
Judgment
On April 12, 2015, the summary of the facts charged as to the preliminary charge to prevent the present building among the facts charged in the instant case, is that the Defendant, at the entrance of the instant singing room operated by the Defendant around April 22:13, 2015, chemicalization was made with the victim H, who is the owner of the building, and the victim resides in the instant building.