All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. The sentence of the lower court against the Defendant (three years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition to these circumstances, in light of the circumstances where the appellate court is going to have ex post facto core elements, if there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant, while having a dispute with the victim, has gone to a multi-household house in the same way as a multi-household house with the non-wide multi-household house, by attaching it to the non-wide multi-household house in which the repair cost of 28,800,000 won was deducted, and caused the victim F and G to suffer injury.

The court below reasoned that the crime of this case committed by the defendant with the victim F was committed by setting fire to the inner part of the beds, corridor, etc. in the inner part of the house where the defendant was living together with the victim F and setting fire to the victim G, who is a neighboring resident, and causing property damage exceeding 28 million won at the same time. Since the crime of this case caused danger that may cause serious damage to the large number of life, health, and property, the crime is not good, and the victim G with the victim F with the degree of injury is severe and the victim G wanted to be punished against the defendant, and thus, the defendant requires strict punishment corresponding thereto.