The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 일부러 불을 놓은 것이 아니라 라면을 먹으려고 휴대용 가스레인지에 냄비를 올려놓고 물을 끓이던 중 깜빡 잠이 드는 바람에 휴대용 가스레인지의 불이 신문지 등에 옮겨붙는 바람에 가게가 전소된 것일 뿐인데도, 원심은 사실을 오인하여 이 사건 현주건조물방화 범행을 유죄로 인정하는 잘못을 저질렀다.

B. Even though the defendant was guilty of the crime of this case's temporary structure or fire prevention, the defendant was found guilty of the crime of this case's temporary structure or fire prevention, despite the fact that the defendant was in a state of mental disorder such as alcohol addiction at the time, the court below committed a mistake that did not reduce mental disorder with respect to the crime of the temporary structure

C. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence admitted by the court below as to the assertion of mistake of facts, the court below is justified in finding the defendant guilty of the crime of fire prevention against the present state building of this case, since the defendant intentionally destroyed the present state building stated in this part of the facts charged.

The defendant's assertion of mistake is without merit.

B. According to the record as to the claim of mental disability, the defendant appears to have frequently performed mixed alcohol before and after the crime of cutting down the present building of this case. However, it cannot be seen that there was a situation where the defendant had the ability to discern things or make decisions due to it at the time of the crime of cutting down the present building of this case. Thus, the court below's failure to reduce mental and physical disability of this part is justified.

The defendant's claim of mental disability is without merit.

C. As to the assertion of unfair sentencing, all of the thiefs of this case were temporarily returned.

The defendant shall be punished by a fine three times.