The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant did not have intention to prevent a fire to a general structure, and furthermore, does not constitute a building where the facts charged are discarded.

B. Considering the circumstances on the defendant's unfair sentencing, the sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The lower court found the Defendant not guilty on the charge of preventing general buildings and fire, and found the Defendant guilty on the charge of attempted fire-prevention of general buildings contained in the facts charged of this case.

However, if the judgment of the court below is appealed only by the defendant, and the prosecutor did not appeal, and if the defendant is found guilty only for a part of the facts charged in this case which is a simple crime, the appeal may be dismissed only by the defendant, and the appellate court may decide on the part of innocence.

As such, (see Supreme Court Decision 2000Do5000, Feb. 9, 2001). The scope of a trial by the party shall include the part of acquittal for the reasons indicated in the judgment below.

3. Determination

A. On May 25, 2012, the Defendant: (a) around 06:00, at closed prices (5,692m2) owned by the Korea Land and Housing Corporation (a building area) located in the land for building D Park in Jung-gu Incheon, Jung-gu, Incheon; (b) caused public danger by destroying the outer wall by setting fire on the plastic finite and paper in which waste was previously possessed, by using disposable bags (No. 1) where waste, which had been brought with waste, and the waste is likely to damage natural landscape.

B. The lower court’s determination 1) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged. A) The above closed price (hereinafter “the instant closed price”) is a building that has no roof, even with door, and no window, and has collapsed with a wall and a part of the wall, and is not used at all. However, cement outer wall is a cement outer wall.