The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of committing the instant crime.

However, in light of the fact that the Defendant, as the victim’s side and lodging expenses immediately before the crime of this case, took place, or immediately after the crime of this case, reported the fact of the instant crime to the police box, and made a statement with detailed memory as to the background of the instant crime, etc., it cannot be deemed that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion on unreasonable sentencing, there are circumstances such as the Defendant immediately surrenders to the Defendant immediately after the instant crime was committed, and the victim wants to take the Defendant’s action by mutual consent with the victim.

However, the crime of this case is not only a very dangerous act that is likely to cause a large number of life loss or a large amount of property damage, but also a motive for the crime of this case, and the defendant is punished for trial costs due to the drinking value problem prior to the crime of this case.

Even though there was an act that was punished by the act of setting fire in front of the main entrance used by the majority for the reason that the crime of this case was committed again during the suspension period of the execution of the punishment, and other crimes committed by the defendant's age, character and conduct, environment, and motive, means, and consequence of the crime of this case.