The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability due to stimulative disorder, which is a stimulative disease.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the claim of mental disability, it is recognized that the Defendant had undergone interview treatment and pharmacologic treatment from around 2012 to the department of mental health, but in light of various circumstances, such as the content and method of each of the instant crimes, the Defendant’s behavior before and after the instant crime, etc., it cannot be deemed that the Defendant had weak ability to discern things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's argument of mental disability is without merit.

B. There are circumstances favorable to the Defendant, such as the fact that the Defendant led to the confession of and reflects on the instant crime, the crime of fire prevention is committed against attempted attempts, the mother of the Defendant, who is the victim, is not punished by the Defendant, the Defendant suffers from dynamic disorder, the judgment on the suspended execution against the Defendant becomes effective after the judgment becomes final and conclusive, and the Defendant’s family members want to take the Defendant’s preference against the Defendant.

그러나 피고인이 어머니로부터 꾸중을 들어 화가 난다는 이유로 어머니와 함께 사는 주거지인 빌라의 주방에서 전자레인지에 압력밥솥 뚜껑을 넣은 다음 전자레인지를 작동시키고, 가스레인지에 불을 켠 후 손목시계 등을 올려놓아 주거지를 소훼하려 하였으나 미수에 그치고, 주거지에 있던 피해자 소유의 스탠드 거울 2개를 깨뜨려 손괴한 것으로 방화 범죄의 위험성 등에 비추어 피고인을 엄하게 처벌할 필요가 있는 점, 피고인이 피고인의 아버지 집 현관문 전자도어락 등을 손괴하여 2018. 11. 15. 대전지방법원에서 재물손괴죄로...