All appeals by prosecutors are dismissed.

A. Defendant 1) The Defendant was addicted to a video game or computer at the time of the instant crime, and was in a state of mental and physical disability. 2) The sentence sentenced by the lower court of unreasonable sentencing (two years of imprisonment and confiscation) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. In light of the background and content of the instant crime committed by the Defendant based on the evidence duly adopted and examined by the lower court, and the Defendant’s situation before and after the commission of the crime, etc., it is difficult to recognize that even if the Defendant was addicted to video games or computers at the time, the Defendant had a weak ability to discern things or make decisions.

(In light of the above, it is not sufficient to view that the defendant was in a state of mental disability solely with the fact that the defendant was obsure. Therefore, the defendant's claim of mental disability is rejected.

B. It is reasonable to respect the judgment of the lower court on the assertion of unfair sentencing by the Defendant and the prosecutor, where there is no change in the conditions of sentencing, and where the sentencing of the lower court does not deviate from the reasonable scope

(2) In light of the following: (a) the crime of this case was committed on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (b) the Defendant, without any particular reason, destroyed the entire building by setting fire on a newly constructed restaurant building; causing property damage equivalent to KRW 310,000,00,000; (c) the commission of the crime was heavy; and (d) the Defendant committed the crime of this case again during the period of suspension of the execution, even after being sentenced to the suspension of the execution of imprisonment with prison labor for the same fire-prevention crime; and (b) the Defendant did not agree with the victim: Provided, That if the Defendant