Text
Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The crime of fire-prevention of general goods by misunderstanding the facts and misapprehension of the legal principles is an offender who is established with a specific risk of public danger. Thus, the fact that the fire-fighting in this case spreads out, or that the occurrence of public danger has occurred.
It is difficult to see it.
Therefore, the judgment of the court below that found the general goods of this case guilty is erroneous in the misapprehension of facts and legal principles.
B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination on the defendant's case
A. In full view of the circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding the facts and legal doctrine, namely, the fact that there were several houses around the house, the distance between a sense tree and a neighboring house is not far away, and the size of a sense tree is not small, and the transfer of waste that was collected around a sense tree is not significant, the lower court’s judgment as to the assertion of misunderstanding the facts and misapprehension of the legal doctrine reveals that there was a danger to the life, body, or property of residents in the village by attaching waste to the waste around the sense tree, which is caused by the Defendant and the treatment and custody applicant (hereinafter “Defendant”).
Since the judgment of the court below is recognized, there is an error of misconception of facts and misunderstanding of legal principles as alleged by the defendant.
subsection (b) of this section.
B. The Defendant did not incur any loss of human life due to the Defendant’s fire-fighting and criminal conduct in determining the unfair argument of sentencing.
There is no history of criminal punishment previously imposed by the defendant.
The Defendant committed the instant crime in a state of mental and physical weakness due to Chon's illness.
Defendant reflects on crimes.
These points are favorable to the defendant.
On the other hand, the defendant committed several times a fire on the property owned by others or on the forest owned by others.
A crime has been repeated several times and has been destroyed by fire.