The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol with weak capacity to discern things or make decisions.

Nevertheless, the judgment of the court below which did not consider that the defendant was in a state of mental disability at the time of committing the crime of this case is erroneous in the misapprehension of legal principles as to mental disability.

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

2. Determination

A. According to the record of judgment on the claim of mental retardation, the fact that the defendant was under the influence of alcohol at the time of committing the instant crime can be acknowledged.

However, in full view of the following circumstances: (a) the process and content of the instant crime; (b) the act of the Defendant before and after the instant crime; and (c) the motive and content of the instant crime, etc., the Defendant cannot be deemed to have committed a lack of the ability to discern things or make decisions, beyond simply being drunk at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. The fact that the Defendant recognized the crime of unfair sentencing, and attempted suicide by disregarding a large amount of debt, etc., which led to the crime of this case, and even if so, C does not lead to a big damage by extinguishing the crime of this case. The Defendant expressed his intention that C does not want the punishment of the Defendant by mutual consent with C in this court is favorable to the Defendant.

On the other hand, in light of the fact that the crime of this case was committed by a large number of unspecified customers by setting fire to existing buildings, which may lead to serious harm to human lives and property and property damage, etc., the crime of this case is bad, and the defendant has the record of receiving juvenile protective disposition due to the same crime, and was in existence for the period of repeated crime.