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(영문) 전주지방법원 정읍지원 2014.09.02 2014고정134

실화

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. At around 07:00 on September 22, 2013, the Defendant: (a) incinerated the household garbage carried out by D from regular Eup/Myeon on the right side of the victim E (the victim is 61 years of age and South) and left the site without completely extinguishing the fire.

At around 14:45 on the same day, the Defendant: (a) destroyed fire by setting fire about 250 pine trees of approximately 20 years in the market price owned by the victim E, which was considerably 1,030 square meters of 1,030 flapeded to the victim’s pine field; and (b) destroyed the damage to the public.

2. The burden of proof of criminal facts prosecuted in a criminal trial for a judgment is the prosecutor, and the conviction of guilt is based on evidence with probative value, which makes a judge not having reasonable doubt as to the facts charged, to the extent that the facts charged are true. Thus, if there is no evidence to form such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a degree

Even if there is no choice but to judge the interests of the defendant.

(2) According to the appraisal by the National Scientific Investigation Agency on the fire cause of this case, in light of the course where the fire occurred, it can be presumed that the place adjacent to the dry field was burned out as a unit, and the defendant might be presumed that there was no additional waste incineration from 07:00 to 14:5,007 to 14:0,000, in the absence of an additional waste incineration, etc. due to additional waste incineration at the above location from 06:30 on the day of this case. < Amended by Presidential Decree No. 1906, May 26, 2006; Presidential Decree No. 20074, Nov. 30, 2007>