현주건조물방화치상
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: ① The court below is an excessive calculation of KRW 78,210,919, which the court below recognized as the damage amount of the fire of this case (in fact, the defendant was under the influence of alcohol at the time of committing the crime of this case; ② the defendant was in the state of mental and physical disability; ③ the punishment (two years of imprisonment) sentenced by the court below is too unreasonable.
2. Determination
A. The court below rejected the above assertion of misunderstanding of facts and the assertion of mental disability by stating in detail the judgment of the court below under the title "the determination of the defendant and his defense counsel's assertion" as the grounds for appeal in this part. The result of the inquiry inquiry into the Samsung Fire and Marine Insurance Co., Ltd., which is used as the grounds for calculating the above amount of damage, is as follows: ① 17,16,438 (M, N,O) and 1,310,797 (M, N, and O) calculated by applying depreciation costs to restore to original state, and 45,381,868 won in facilities calculated by applying depreciation costs to restore to original state, and 14,351,381, and 816 won in equipment, and it cannot be said that there was an error in calculating damages by adding the amount of damage to the police police's statement of the defendant's non-legal self-denunciation after making a statement in the order of the defendant's statement to the police's non-self-denunciation.