The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, comprehensively taking account of the contents of the instant crime and the statement in the written mental sentiment of the preparation of the Committee by the Medical Treatment and Custody Office G, the Defendant is deemed to have committed the crime of fire prevention of this case under the status of changing things or lacking the ability to make decisions due to mental retardation, etc., and thus, the punishment should be mitigated as necessary pursuant to Article 10(2) of the Criminal Act.

Nevertheless, the court below did not recognize mental or physical disability so that it did not reduce mental or physical disability, and there is an error of misunderstanding legal principles or misunderstanding of facts affecting the conclusion of the judgment.

I would like to say.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without further proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

【The reason for the judgment of the court which has been used in multiple times] The summary of facts and evidence is used by the first sentence of "criminal facts" in the sentence of "criminal facts of the judgment of the court below" as "the defendant has a lack of the ability to discern things or make decisions due to mental retardation, etc." and the summary of evidence is the same as that of each corresponding column of the judgment of the court below, except for adding "1. The mental emotions for the preparation of a G intention of the Public Medical and Custody Center" in the summary of evidence as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The treatment of concurrent crimes and mitigation thereof shall become final and conclusive with regard to the general motor vehicle fire-prevention and judgment as stated in the latter part of Article 37, the latter part of Article 39(1) and Article 55(1)3 of the Criminal Act;