A. The Defendant, who had not been physically and mentally weak, was diagnosed by Cho Jae-chul in around 3 to 4 years, and took drugs by prescribing them, but did not take drugs at the time of the instant crime and did not have the ability to discern things or make decisions due to mental illness at the time of each crime.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case’s determination on the assertion of mental and physical weakness, at the time when the defendant was arrested in the act of fire prevention of this case, the defendant committed a brut because of the fluence of the fluences.

The Defendant stated that he had been under the influence of alcohol since before the time of each of the instant crimes, and stated in the police investigation that “a person was under the influence of alcohol for 2 to 3 months” was under the influence of alcohol, but in full view of the following: (a) details of each of the instant crimes, means and methods; (b) the Defendant’s act before and after the instant crimes; (c) circumstances after the instant crimes; and (d) details of the Defendant’s statement to the investigative agency as to each of the instant crimes, etc., it does not seem that the Defendant did not seem to have reached a state of lacking the ability to discern things or make decisions due to mental illness, such as Cho

The defendant's mental and physical weak argument is rejected.

B. The fact that the Defendant appears to have an attitude to recognize and reflect the crime of violation of the Framework Act on Fire Services prior to the crime of this case, that there was no record of criminal punishment except for the crime of violation of the Framework Act on Fire Services, and that the Defendant committed each of the property crimes of this case, and that there was no significant damage to the victims’ property.

However, each of the crimes of this case committed by the defendant without any particular reason causes public danger by attaching fire to the reed and turf, and by acquiring and using the lost knife card.