현존건조물방화치상
The prosecutor's appeal is dismissed.
1. The following facts revealed based on the evidence submitted by the prosecutor’s summary of the grounds for appeal, namely, the Defendant and victim F, coincide with each other in the investigation process; the victim’s statement was consistent regardless of the official defense in the trial process, regardless of whether it was the official defense; and the Defendant has a record of having been punished several times in the past violent crimes; on the other hand, it is difficult for the victim to have discovered motive for fire prevention, murder, or serious injury without having verified the potential violent nature that could be noted. In full view of the following circumstances, the facts charged in the instant case can be fully recognized.
Nevertheless, the judgment of the court below not guilty of the facts charged of this case is erroneous in misconception of facts and violating the rules of evidence.
2. Determination
A. The summary of the facts charged in the instant case was from August 2012, the Defendant, along with the victim F, operated a middle-term household sales business with the trade name “G” in the warehouse located in E in Nam-si, Nam-si.
On September 21, 2013, at the office located in a warehouse around 21:30 on September 21, 2013, the Defendant had a dispute with the victim due to the problem of lodging and lodging in the fund management and warehouse.
The Defendant listened to the horses from the victim that “I am in a warehouse after this string, I am on the floor of the office,” and spread a thinn which he was in custody in the warehouse.
The victim has prevented the victim from putting him and removed him from the defendant, and the defendant fireed him by putting him into the crepan floor by spreading the crepan, and caused the victim to move his crepane to the body of the victim with a fire attached to the crepan, and caused the victim to suffer approximately 12 weeks of heart 2 pictures in need of treatment over 15% of the physical surface, such as face and body crepan.
B. The lower court’s determination on the following grounds reveals that a person who spreads a corpse in the office among the facts charged in the instant case is the Defendant.