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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
The sentence of unfair sentencing (two years of imprisonment and one confiscated Rater) on the accused by the lower court is too unreasonable.
Prosecutor: The court below’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.
Judgment
We also examine the grounds for appeal by the defendant and prosecutor.
At the same time as a alcohol addict, the defendant suffers from a specific impossible personality disorder that can show the possibility of harm and injury, and is expected to commit each of the crimes of this case by contingency while under the influence of alcohol, the defendant's fire does not cause harm to human life, the damage of larceny is relatively minor and the damage is recovered, and the damage is minor and the victim does not want punishment.
However, the crime of fire prevention is highly dangerous because it may infringe another person's life and property as a crime prejudicial to the public safety and peace. In particular, in the case of the general building or fire prevention crime of this case, there was a danger that the fire may spread to a brush and may cause considerable damage to human life and property, it cannot be justified to harm public safety and peace by putting fire to a structure or by putting fire from a flag on the road flag, and it is disadvantageous to the defendant.
In this context, the recommended punishment on the sentencing criteria for the crime of fire prevention is from 1 year to 3 years from 1 year to 1 year, and if the majority of the sentencing criteria for the crime of property damage and general traffic obstruction are applied, the recommended punishment will be more than 1 year and 6 months.
Although three years and ten months, and two years and six months, and two years and six months, one of the seven jurors, who were held a participatory trial at the lower court, were sentenced to two years in consideration of the favorable circumstances and unfavorable circumstances of the lower court, even though they expressed their opinions on sentencing for two years, and other crimes of this case.