The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. Inasmuch as a misunderstanding of facts and misunderstanding of legal principles are structures, such as warehouses, which are not ordinarily used as a place of weather and erosion, separate from the principal debt the Defendant’s mother lives, the place falls under a general structure under Article 166 of the Criminal Act, but does not fall under the main structure under Article 164 of the Criminal Act.

In addition, since the warehouse, etc. in which the defendant was in fire did not cause fire and did not reach the degree of loss of the usefulness of important parts, the crime of this case was committed in attempted crimes.

Nevertheless, the court below erred in the misapprehension of the legal principles as to the main building or the term of validity, or erred in the misapprehension of the facts.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts and misapprehension of legal principles (1) Whether a defendant's warehouse, etc. without a fire constitutes the present main building or not, "human beings use it for residential purpose" as referred to in Article 164 of the Criminal Act.

means that a person other than an offender uses it as a place for daily life, it does not require continuous presence of a person at night, and it is not necessary that the original purpose is to use it as a house or to build it for use as a residence.

In addition, where a building such as a warehouse is in contact with a house, it is the main building used by the whole person as the dwelling.

In light of the above legal principles, Finine is considered.

According to the evidence duly admitted and examined by the court below, the housing of this case consists of the principal debt building in which the defendant and the defendant reside and the mother of the defendant, and toilets and warehouses adjacent thereto, etc., and buildings such as warehouses of this case are the principal debt building and the principal debt building.