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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The sentence imposed by the lower court (four years of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. In each of the crimes of this case recognized by the evidence, evidence, rules of evidence, and legal principles, disadvantageous sentencing factors or objective and neutral sentencing factors are acknowledged, such as the fact that the victim’s residence was severely damaged due to the defendant’s fire, the defendant did not reach an agreement with the victim, the victim was not compensated, the victim and the defendant did not have any relationship with the defendant, and the defendant appears to have been planned to commit the crime of fire prevention, such as preparing gasoline in advance, and the defendant had the record of punishment for drinking driving including the punishment for five months.
However, in the case of the crime of fire prevention, the defendant was confirmed to have no person after the outing of the victim, and the victim's house is not located in a large city area, residential congested area, and the estimated amount of restoration work due to the second floor fire, 35 million won. The victim was provided by the Korean Association of Crime Victim Support, 9.7 million won among them, the victim was provided by the Korean Association of Crime Victim Support, the degree of injury suffered by traffic accident is not excessive, and the damage was most recovered due to the automobile comprehensive insurance to which the defendant was admitted. The defendant is seriously against each of the crimes of this case, and the defendant has no record of punishment due to fire or violent crime, and the sentencing factors to be considered objectively and neutrally, such as the defendant's age, character and behavior, environment, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing guidelines for each of the crimes of this case, shall be comprehensively taken into account the sentencing factors and the sentencing factors to be considered in the trial process of this case, and the sentencing guidelines for the most severe building type of imprisonment (3 years or more).