The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant, such as mistake of facts, cannot be deemed as an abnormal person who connects a tent itself with a tent with a building that forms a whole building, and thus, it constitutes the origin of the crime of fire prevention of the present main building. However, the court below found the defendant not guilty of the fire of the present main building solely on the ground that it is merely a tent which is only a intermediate object or an abnormal person attached thereto, and applied it to the crime of fire prevention of the present main building. Thus, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. Determination 1 on the assertion of mistake of facts, etc.) The summary of this part of the facts charged was from June 2016 to the Defendant served as the main employee at the “E” restaurant for the victim D’s operation of the building located in Gwanak-gu Seoul Special Metropolitan City (hereinafter referred to as the “instant building”). On January 30, 2017, the Defendant dismissed the victim, and on February 22:5, 2017, the Defendant purchased one dog at the convenience store located in Gwanak-gu Seoul Special Metropolitan City F.

A) On February 9, 2017, around 00:05, the Defendant: (a) destroyed a tent directly connected to the first floor of the instant building that he/she used as a residence by attaching a stringer prepared as above to the volume-based plastic garbage enclosed in a tent, which was located within the ceiling of the instant building, at around February 9, 2017 through the lower parking lot of the said “E” restaurant; and (b) destroyed a tent that was directly connected to the first floor of the instant building that he/she used as a residence, by attaching the string to the volume-based plastic garbage enclosed that was located within the ceiling.

B) On February 10, 2017, the Defendant: (a) around February 10, 2017, around February 10, 2017, at around 02:16, 2017, walking the tent that was destroyed by fire through the above “E” parking lot; (b) and (c) destroyed an abnormal person by attaching a fire with a dog prepared as above to the abnormal person in the tent of the head of the kitchen, which was composed of the tent and the string.