The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant, who caused a misunderstanding of facts, laid off the brupted coal with a shot to the floor, had the intention of fire prevention from the beginning, could have sufficiently predicted that the remaining brut coal would naturally be put up in the garbage bag, and that there was a history of punishment by setting the brut to commit suicide even before the times, the court below erred in the misapprehension of the fact that the court below acquitted the defendant about the attempted crime of fire prevention among the facts charged in the instant case.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unfair.

2. Determination

A. (1) On August 23, 2012, the summary of this part of the facts charged is around 23:55, the Defendant wanted to die at the house of the Defendant of Seoul Special Metropolitan City G 101, which is a multi-household house owned by LH (Korea Land and Housing Corporation) and posted a fire using a stringter at the inside of the inside, and attempted to extinguish the said multi-household house by putting a boom with a incombustible carbon attached to the said multi-household house and putting it off to the garbage bag located therein. However, even though the Defendant tried to extinguish the said multi-household house by putting it out, it was attempted that the H, which is living in the same multi-household as the Defendant, was found and advanced and failed to bring it out.

(2) The lower court’s intent to prevent fire ought to be determined by comprehensively taking account of the motive and background of the instant crime, the means and method of the instant crime, the details and form of the act, and other objective circumstances before and after the instant crime, unless the Defendant is led to confession.

Therefore, in full view of evidence, such as statements, etc. by the investigation agency and the court of this case, and the objective situation at the time of the instant crime, the Defendant considered television at the inside of the Defendant’s house on the day of the instant crime, and attempted to commit suicide in the same way, considering the face where the Defendant died of the shot during the shot, and on the top of the shot board.