1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

3. Batters seized for a single color.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year and six months) imposed on the Defendant by the lower court is too unreasonable.

(A) The defendant, as a ground for appeal, has a misunderstanding of legal principles and a claim of mental disability, but has withdrawn all of them on the first trial date of the trial).

검사 1) 사실오인 및 법리오해(현존건조물방화미수의 점) 피고인은 약혼녀 D의 집 현관에서 옷가지를 쌓아 불을 놓았는데, 현관에 있던 신발장 등에 불이 옮겨 붙을 가능성이 충분히 있었고, 오직 옷가지만 태울 의사였다면 현관에서 불을 놓지는 않았을 것이며, 비록 불을 껐지만 이는 범행 후 사후적 조치에 불과하므로, 피고인에게 사람이 현존하는 건물에 불을 놓는다는 인식이 있었다 할 것이다. 그런데도 원심은 피고인의 고의를 인정할 수 없다고 보아 현존건조물방화미수의 점을 무죄라고 판단하였으니, 원심판결에는 사실오인 및 법리오해의 위법이 있다. 2) 양형부당 원심의 형은 너무 가벼워서 부당하다.

2. Determination

A. As to the prosecutor's assertion of mistake of facts or misapprehension of legal principles, the lower court consistently stated the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the Defendant had a heavy drinking alcohol from the investigative agency to the court of the lower court, but did not think that the house was in fire; (ii) the floor of the gate with which the Defendant was placed by gathering clothes was constructed as a string, which is not well attached; and (iii) the said house was located together with the Defendant as a woman of a matrimonial engagement; and (iv) there was no motive for the Defendant to fire in the building; and (iv) the above clothes are adjacent to the string.