The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the fact-finding, the Defendant’s dwelling room located together with D for the purpose of preventing fire (hereinafter “the instant house”) constituted a preliminary crime of setting fire against the present-wing structure by recognizing the fact that gasoline rootss in the dwelling room.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one month of imprisonment, six months of confiscation) is too unhued and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of facts: (i) the Defendant spawn gasoline on the outside Mail of the instant house in the process of dispute with D and attached a fire by displaying the rash to D.

Intimidation, however, did not actually turn on the Lane.

D Also, the defendant did not consistently turn on the ground that the investigative agency had consistently from the court to the court of original trial.

(2) In the case of this case, E is the same that the defendant spawn in the dwelling space of this case.

However, in the court of the court below, the defendant's use of gasoline fry and fry in the outside of the building of this case showed that the defendant did not witness to spread gasoline inside the house of this case.

The testimony was made by the investigative agency to the effect that the F confirmed that gasoline flows on the floor of the ward as he was contacted by the police at the investigative agency. However, the court below did not directly witness the Defendant’s roots of gasoline in the dwelling room of the instant case, but made the above statement at the investigative agency as above, not by the Defendant’s direct witness, but by the court below.

D. There was a fact that the defendant has rootsd the gasoline in front of the dwelling space of this case and the entrance in the investigative agency.

However, at the time of the court below's statement, the defendant is too in the court below.