실화
The defendant's appeal is dismissed.
1. A summary of the grounds for appeal (misunderstanding of facts). The fire of this case occurred in a portable toilet; the Defendant laid fire into a garbage bag located at a place less than three to four meters away from a portable toilet, and the place of this case is the place where people frequent passage. In light of the fact that the fire of this case was caused by the Defendant’s cigarette butts.
It shall not be readily concluded.
Therefore, the court below which found the defendant guilty has erred by misunderstanding facts and affecting the conclusion of the judgment.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the fact that the instant fire occurred by the Defendant’s cigarette holder at hand can be acknowledged.
① The fire of this case began from the outside of a portable toilet located in the victim’s container storage, and in light of the fact that the vicinity of a portable toilet is a smoking place and there is no trace generated by the electrical appliances (Evidence No. 2, 36 through 39 of the evidence record). ② At the time of the instant case, the Defendant saw tobacco in front of the aforementioned portable toilet, thrown away the cigarette butt away in the waste bags, and went into his office immediately following the Defendant’s office. The fire occurred, such as the occurrence of smoke near the portable toilet (Evidence No. 1, 9, 2, 54, 55 of the evidence record). ③ The Defendant was unable to smoke in the above place, and the Defendant was at the short time before the fire occurred, but the CCTV was not at the time prior to the occurrence of the fire.