The timing of the crime of fire prevention;

If the fire-fighting of the defendant is used as a medium to the extent that the structure was destroyed by fire-fighting, clothing, etc., and the door is merely a type of 26 centimeters wide and 6.5 centimeters long from the bottom of the floor, it cannot be viewed as a state of independent burning by itself, regardless of the medium of fire-fighting.

Article 164 of the Criminal Act

Seoul High Court Decision 70Do330 delivered on March 24, 1970 (Article 164(3) of the Criminal Act), 1292, 5980, 18~61)

Defendant

Prosecutor and Defendant

Daegu District Court (82 Gohap204)

All appeals are dismissed.

First, the gist of the defendant's appeal Nos. 1 is that the court below found the defendant guilty of this part of the judgment, despite the fact-finding that the defendant had been able to smoke while smoking tobacco in the state of drinking, and that it did not cause any fire, the court below found the defendant guilty as to this part. The second point and the summary of the appeal by counsel are inappropriate since the judgment of the court below is too unreasonable since the amount of punishment imposed by the court below is too large. In light of the records, the court below's examination of the evidence duly adopted by the court below after the examination of evidence is based on the records, it can be sufficiently recognized the fact-finding of the defendant, and there is no error of law as pointed out in the court below's arguments in the process of fact-finding, and there is no other error of law as pointed out in the arguments, the motive, means, result, degree of damage, age and character of the defendant, character and environment of the defendant, circumstances after the crime, etc., even if considering the circumstances of the defendant's assertion, the court below's determination of the defendant's punishment too inappropriate.

The gist of the following points of appeal by the prosecutor is that the defendant's act of extinguishing 4 points in the first place is nothing more than 26 centimeters wide and 6.5 centimeters long from the bottom of the ground for appeal due to heat, and it cannot be deemed that the defendant's act of extinguishing 4 points in the ground for appeal has reached the degree of burning independently from the room which is part of the building, and it is nothing more than misunderstanding the legal principles as to the time when the defendant's act of extinguishing 6 points in the ground for appeal, and it is nothing more than misunderstanding the legal principles as to the time when the defendant's act of extinguishing 4 points in the ground for appeal, and it is nothing more than misunderstanding the legal principles as to the time when the defendant's act of extinguishing 4 points in the ground for appeal, and it is nothing more than misunderstanding the legal principles as to the time when the defendant's act of extinguishing 6 points in the ground for appeal, and thus, it cannot be seen that the court below's decision of extinguishing 2 points in the ground for appeal can be seen as unfair.

Judges KimHun-Un (Presiding Justice)