The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentence of imprisonment with prison labor for the first instance (two years of imprisonment) shall be too unreasonable;

2. The crime of this case, which was committed on the ground that the defendant was in a state of dispute with his wife, and the wife went at his house, was destroyed by setting fire to have an amount of KRW 5,750,000,000 for repair expenses, and in light of the motive for the crime, degree of damage, etc., the crime of fire prevention is highly likely to cause serious damage to human life, body, property, etc., and in particular, the fact that the defendant was used as a house with the third and fourth floors of the fire-fighting building and all of the fire-fighting building used as a house, and the residents could have led to enormous damage to human life, etc., which is disadvantageous to the defendant.

However, it seems that the defendant committed the crime of this case by contingency, there is no loss of human life, the defendant has divided his mistake in depth through confinement for about five months, the defendant's wife has agreed with the owner of the building after the pronouncement of the first instance judgment, the defendant's wife and children have not been in a ties relationship with the defendant, the defendant's wife and children have not been in a ties relationship with the defendant, and the defendant has no record of punishment for the same kind of crime, and other various sentencing conditions specified in the arguments of this case, such as age, career, environment, character and conduct, motive, circumstance, means and method of the crime of this case, and the situation after the crime, are considered unfair.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment of the court of first instance. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.