The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

However, for the period of three years from the date this judgment becomes final and conclusive.

1. The fact that there is a high risk of causing serious damage to the life, body, property, etc. of a person in a judgment on unfair sentencing by both parties is disadvantageous to the defendant in light of the nature of a fire-prevention crime, frequency of the crime, degree of damage, etc.

However, it is the sentencing factor to be newly considered for the defendant, because most victims want to have agreed with the victim, and deposit 1.5 million won equivalent to the amount of damage for the victim who did not agree with the victim.

In addition, the fact that the defendant is against the defendant, surrenders himself after the crime, and has no record of criminal punishment, etc. can be considered in favor of the defendant.

In full view of all the sentencing conditions shown in the records, such as character, character, environment, and means and consequences of crimes, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's unfair argument in sentencing is accepted, and the prosecutor's improper argument in sentencing is not accepted.

2. The defendant's appeal is with merit, and the judgment below is reversed, and the defendant's appeal is again decided as follows.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 164(1) of the Criminal Act (the main building and fire prevention, the occupation of imprisonment with prison labor), Article 166(1) (the occupation of general buildings and fire prevention) of the Criminal Act, and Article 167(1) of the Criminal Act (the occupation of fire prevention of general goods) of the same Act for criminal facts;

1. Article 52 (1) and Article 55 (1) 3 (Self-denunciation) of the Criminal Act mitigated by Act;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for the crime of fire-prevention against the grave structure).