All appeals by the defendant and the prosecutor are dismissed.

The Defendant’s mental and physical defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

In light of the various sentencing conditions in this case, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

On the first floor of the building of this case, misunderstanding the facts of inspection and misunderstanding the legal principles, it is obvious that E used as a residence while operating a usual restaurant, and the crime of fire prevention of the present main building is an abstract dangerous crime, and its legal interests are the protection of public safety and an individual's property rights. Thus, although the defendant's act was destroyed by only the second floor of the building of this case where the defendant is mixed, the building of this case shall be deemed the present main building which forms the whole 1 and 2 floors.

Nevertheless, the court below found the Defendant not guilty of the facts charged as to the fire of the present building of this case on the ground that only the second floor of the building of this case where the Defendant was living was destroyed, and found the Defendant guilty only of the general building fire prevention related to this crime. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

In light of the various sentencing conditions in this case, the sentence sentenced by the court below is too unfortunate and unfair.

Judgment

According to the record as to the Defendant’s mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of committing the instant crime, in view of various circumstances, such as the background and process leading the Defendant to committing the crime, the means and method of committing the crime, the Defendant’s attitude and words before and after committing the crime, and the circumstances after committing the crime, the Defendant was under the influence of alcohol and lacks ability to discern things or make decisions.

It does not appear.

Therefore, the defendant's ground of appeal disputing mental disorder is without merit.

As to the prosecutor's assertion of mistake of facts and misapprehension of legal principles, the Defendant’s summary of the facts charged is the instant building owned by the victim D in Daegu-gu, Daegu-gu, around 00:50 on February 26, 2017.