The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had weak ability to discern things or make decisions due to alcohol addiction, depression, etc. at the time of committing the instant crime of the present building and fire-prevention.

B. The lower court’s sentence on the assertion of unfair sentencing (one year and six months of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is not deemed that the defendant had a weak ability to distinguish things or make decisions under the influence of alcohol at the time of the crime, in light of various circumstances such as the situation at the time of the crime, the background leading the defendant to the crime, the method of the crime, and the defendant's behavior committed before and after the crime.

Therefore, the defendant's argument of mental disability is not accepted.

B. The crime of fire-prevention against the present state building in this case is likely to cause property damage as well as human life damage as well as property damage, as the crime of the present state building and fire-prevention of an apartment in which many people live. In fact, the risk was high, which is attached to the floor, wall, ceiling, etc., the crime of obstruction of business has been committed for a long time repeatedly, and some of the crimes committed during the suspension of execution are disadvantageous to the defendant.

On the other hand, the fact that the crime of fire prevention of this case did not actually cause human life damage, the fact that property damage was recovered to a certain extent due to fire insurance, the fact that the E Hospital does not want punishment for the crime of causing obstruction to business of the defendant, and the fact that the confession and reflects the crime are favorable to the defendant.

There are various circumstances such as the Defendant’s age, character and conduct, environment, circumstances leading to each of the instant crimes, and circumstances after the crime.