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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment, confiscation) is too unfluent and unfair.
2. It is recognized that the crime of this case is very very rough and bad in light of the form of the crime of this case and the method of the commission of the crime of this case, and that it is necessary to punish the defendant simply because the crime was destroyed by a large fire and could cause irrecoverable physical and property damage to the victims.
However, in full view of the circumstances favorable to the defendant, which the court below explained in the reasons for sentencing, there is no record of criminal punishment except for the same kind of damaged crime or fire-prevention crime one time in around 201, and the current health condition is not good, and all the sentencing conditions of the defendant in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that the court below's punishment was too unfeasible and exceeded the reasonable scope of discretion in sentencing.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.