The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. An ex officio determination shall be made on January 26, 2019 with respect to the area of the ditch destroyed by fire prevention.

According to the evidence duly adopted and examined by the court below (the document attached to the report on fire situation) and the investigation report (the document attached to the field photograph), the fact that the defendant: (a) destroyed an area equivalent to approximately KRW 99 square meters by attaching a fire to the ditch area located in the Dong-si B around January 26, 2019; (b) it cannot be deemed that the evidence submitted by the prosecutor alone proves that the defendant was about 660 square meters in excess of the size of the ditch area that was destroyed by the defendant.

Nevertheless, the lower court recognized the size of a ditch destroyed by fire on January 26, 2019 as 660 square meters. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

3. If so, the judgment of the court below is reversed, and the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act and it is again decided as follows, since there is a ground for ex officio reversal.

[Grounds for the judgment of multiple times] In addition to the fact-finding and the second part of the judgment of the court below that "60 square meters" in the second part of the judgment of the court below as "9 square meters", it is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted as it is in accordance with Article 3

Application of Statutes

1. Article 167 (1) of the Criminal Act concerning the crime concerned;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment determined by general goods and fire prevention as of January 26, 2019), among concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six months to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of a type) shall be limited to the general criteria (the third type), general goods fire prevention.