The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 법리 오해 피고인은 이 사건 범행 직후 스스로 신발로 불씨를 밟아 불을 껐으므로 중지 미수에 해당한다.

B. The Defendant had a mental disorder under the influence of alcohol at the time of committing the instant crime.

(c)

The punishment of the lower court (nine months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of misapprehension of the legal doctrine, if the commission of a crime was commenced and the crime was suspended at one’s own free will before the completion of the crime, it constitutes an attempted suspension if the suspension was not caused by the circumstances that interfered with the completion of the crime in light of the general social norms (see Supreme Court Decision 97Do957, Jun. 13, 1997). 2) The following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the defendant, upon reporting 119 after the crime of this case, “A,” “A,” “I,” “I, I, I, I, I, and B, I, and I,000,000,0000,000 won when he reported the crime of this case.

In light of the above, the defendant's assertion that it is not clear whether the defendant has taken measures to the extent that the defendant's unsatisfyed as the defendant's assertion, and ② the defendant satisfying in the process of the de facto investigation conducted by the police about the face with satfy, and knicker.

도요.

그래서 발로 밟아 껐는데요. 겁이 나서 밖에 나가서 다시 119 소방에 신고했지요 ”라고 진술한 점 등에 비추어 볼 때, 피고인은 자신이 지른 불이 치솟는 것을 보고 순간적으로 겁이 나 발로 밟아 끄려 했던 것으로 보인다.

As such, it is difficult to view that the act of playing on the paths or causing fears to harm his/her body safety constitutes an obstacle to the completion of a crime in light of the general social norms. As such, it is difficult to regard it as an attempted suspension.

This part of the defendant's assertion is justified.