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All appeals by the defendant and the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal (unfair sentencing) of the court below's punishment (the imprisonment of two years and six months, and confiscation) is too unreasonable.
The prosecutor, at the first trial date, argued to the effect that he/she is misunderstanding of the legal principles as alleged facts, and stated to the purport that he/she is misunderstanding of the legal principles as to the assertion of misunderstanding of the legal principles (only the grounds for appeal include the assertion of misunderstanding of facts). The number of fire-fighting devices can be acknowledged for each of the charges that the court below determined as
Each building, such as outer walls and glass, was separated to the extent of being damaged by fire.
The punishment sentenced by the court below is too uneasible and unfair.
On June 21, 2020, at around 03:20 on June 21, 2020, the summary of this part of the facts charged concerning the prosecutor’s assertion of mistake of facts, the Defendant setting fire to a general structure and fire to a general building was destroyed by setting fire to the building in front of the G Mart and I located in Dong-gu Incheon Metropolitan City on June 21, 2020 and the building in front of I, and setting fire to the repair cost of KRW 1,660,000 for the repair cost, and setting fire to the second floor for the repair cost of KRW 8,597,000.
Around 03:45 on the same day, the Defendant destroyed the fire of a general structure to the extent that the repair cost is equivalent to KRW 3,549,000,000, by attaching a string fire to the disuse in front of LA building located in the Dong-gu Incheon Metropolitan City on the same day, and setting the fire to the extent that the repair cost is equal to KRW 3,549,000,000, in front of LA building located in the Dong-gu Incheon Metropolitan City on the same day.
The crime of fire-fighting by law is the number when the crime of fire-fighting has been committed in a state of burning by itself after leaving the intermediate media (see Supreme Court Decision 2012Do7317, Apr. 25, 2013). The court below’s judgment below is erroneous.
(a) (i) Two tents installed adjacent to the building due to the fire, attaching fire to the paper outside the building mentioned in paragraph (1), and one glass of the fire group, the stone outer wall, the ceiling, the steel pents of the steel pent, and the outer wall of the glass, and the glass of the outer wall.