The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant’s negligence was significant in the occurrence of the instant fire; and (b) the Defendant’s negligence could cause secondary damage to human life or surrounding buildings; and (c) the risk was serious.

However, in light of the Defendant’s age, character and conduct, background and result of the instant crime, and all of the sentencing conditions indicated in the records and pleadings, such as the circumstances after the instant crime, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is justified. In so doing, it is reasonable to have determined that the Defendant’s punishment is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 170 (1) and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;