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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of fact or misapprehension of legal principles is merely trying to attach a cigarette cigarette at the time of the crime of this case, there was no intent to extinguish the house in which the victim was living, and did not recognize such circumstance in doluence.
B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles, the lower court determined that the Defendant had dolusence that at least a building used as a residence may be destroyed at the time of committing the crime by taking into account the following circumstances acknowledged by the evidence duly adopted and investigated.
1. The Defendant attached a fire not only by cigarette packaging but also by taking advantage of many heads of suspension.
② The roof of a damaged house is a string of asphalt which has the nature of burning easily.
③ 피고인의 행위로 인해 주택 지붕 중 약 1,500㎠(= 50cm × 30cm ) 넓이의 마감재 부분이 실제로 연소되었다.
(4) The Defendant, after attaching fire, did not at all attempt to extinguish fire from the roof and photograph a fire site with mobile phones.
⑤ The fire attached to the roof of a house was not naturally extinguishing, and thereafter the witness discovered it and spreaded water.
(6) In light of the degree of fire occurrence at the time, a witness reported the scene to 119, and the possibility of independent burning of the roof of the house itself seems to have been high.
As a result of examining the judgment of the court below in comparison with the records, it is reasonable to view that the defendant had the intention to load only tobacco packages, such as the substance of the change, and at least, the defendant committed a crime as stated in the facts charged with the negligence of fire-prevention of the present structure.