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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, found the Defendant guilty of the facts charged in the instant case, even though he had a true dust on the floor of the amusement room, but did not intend to put the gasoline on the ground that he did not have any intention to put it on the ground of heavy weight, and thus, cannot be recognized for the purpose of fire prevention. However, the lower court erred by misapprehending the facts and making a judgment.
B. The sentence of imprisonment (five months of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant's assertion of mistake of facts is without merit, since it can be acknowledged that the defendant had a purpose of fire prevention by intending to put him into a guard at the time of this case.
1) At the time of the instant case, F stated at an investigative agency that “F was a guest who was a guest in the entertainment room”, “I am luriness, the Defendant himself while running a game, lurology, and 1.5 liter disease, which was being used by him at the intermediate point, teared in a knife, and cut off gasoline on the floor of the place of business, and continuously led customers to the entrance and exit (Evidence No. 27 pages, 28 pages).” In addition, “I am hurd with D’s death, which was in the entertainment room at the time of the instant investigation agency’s telephone hearing, and at the time of the investigation agency’s testimony, the Defendant was amusement.”
The defendant continued to exchange and discussed that the entertainment room of a party is not money exchange. After that, the defendant visited the entertainment room, while under the influence of alcohol, visited the amusement room again to the entertainment room, and tried to dump the gasoline on the floor and dump it to stop with the guest. At the time, the defendant tried to attach the dump to his hand, but actually attached the dump.