A. Defendant 1) The Defendant was under the influence of alcohol at the time of committing the instant crime and had weak ability to discern things or make decisions.

2) The lower court’s sentence (2 years and six months of imprisonment, and confiscation) against an unfair defendant in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the prosecutor (unfair sentencing) is too uncomfortable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s mental and physical weak argument, the Defendant’s assertion by the Defendant cannot be accepted, since it does not seem that the Defendant was aware of drinking at the time of committing the instant crime, but did not have reached a state where the Defendant’s ability to discern things or make decisions was weak.

① The Defendant, starting from the beginning of the day immediately before the crime of this case to 3:30 p.m. on the day of the crime, took several main points along with his friendships, and the Defendant was aware of a large amount of drinking alcohol, such as so forth, beer, beer, and p.m.

② Meanwhile, on March 19, 2017, around 04:58, the Defendant, at the time of the instant crime, found the Defendant as a police box, and reported that “On the other hand, there was a place in which illegal retired business was carried out, so he left his phone number as contact address.”

At the time, F police officers, upon receipt of the above report, made a visit to the site on the ground of the fire report of this case around 05:04 on the same day because it was doubtful that the Defendant entered sporadle rice (sporadle).

Through a black box of a vehicle in the site, the defendant was found to have been on the site at the time of the fire and the defendant was arrested by using the phone number left by the defendant.

“The statement was made to the effect that “........”

As such, the Defendant was in a normal mental state to the extent that he reported illegal business and left his contact information by finding a police box at the time of the instant crime.