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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) In the event of the instant crime, the Defendant was under the influence of alcohol at the time of the instant crime, and the lower court committed an excessive unlawful act.
(2) Although the amount of damage caused by the instant crime of unfair sentencing is limited to KRW 80,00,000, the lower court found the amount of damage as KRW 14,275,000 and determined the Defendant’s imprisonment with prison labor for one year, which is too unreasonable.
(The argument that the defendant's above amount of damage was wrong is that the amount of damage is not an element of the crime of general building and fire prevention, and it is judged as an assertion about the sentencing factor.
The sentence of the court below by the prosecutor is too uneased and unreasonable.
2. Determination
A. According to the records of the judgment on the defendant's defectiveness or mental and physical disability, even though the defendant had drinking alcohol at the time of the above crime, in light of the circumstances indicated in the records, such as the background of the crime and the conduct before and after the crime, it is not deemed that he/she suffered the remaining objects under the influence of alcohol, lost the ability to make a decision, or caused the weak ability to do so. Thus, this part of the defendant's assertion is rejected.
B. In light of the evidence duly adopted and examined by the lower court, the Defendant and the prosecutor’s allegation of unfair sentencing regarding the Defendant and the prosecutor, the Defendant and the defense counsel asserted that the amount of damage caused by the instant crime is only KRW 80,000,000,000, in full view of the evidence, such as a quotation and field photograph, etc., the lower court can sufficiently recognize that the amount of damage caused by the instant crime is equivalent
The fact that the defendant has a previous record of a fine, deposited 1.8 million won for the victim, and did not recover favorable circumstances and damages, such as the circumstances leading to the crime, etc., and the victim wants to punish the defendant, and there is a big risk due to the crime of this case.