일반건조물방화등
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds of appeal (misunderstanding the facts), the comprehensive report on fire investigation by the military fire department in the Macheon Fire Insurance Association, the report on fire site investigation by the Korean Fire Insurance Association, the report on the fire site investigation by the Supreme Prosecutors' Office, and the report on the fire case by the Supreme Prosecutors' Office, etc., the fire in this case is recognized to have occurred by artificial exploitation by oil, etc., and the fact that the fire in this case was committed by the witness's statement and the first generation time of the fire in the witness's statement reported in 119 and the witness's statement and the witness's statement presumed to have occurred by CCV (CCTV), the time prior to the retirement of the defendant, the defendant's speech and behavior before and after the fire in this case, the financial status of
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. Determination
A. In full view of the type of the fire in this case, the discovered oil circulation and detected oil ingredients, the results of the tests conducted by the Supreme Prosecutors' Office, etc., the lower court determined that the fire in this case was likely to have been caused by the fire due to the spread of oil by a group. However, the evidence submitted by the prosecutor alone proves that the Defendant committed the fire in this case by means of spraying oil on the warehouse and the office building of this case and attaching a fire, etc., and that the Defendant committed the fire in this case beyond reasonable doubt.
It is difficult to see
In view of the facts charged of this case, the lower court acquitted all of the charges.
Specific reasons are as follows.
1) In addition, there is no direct evidence to acknowledge the fire’s statement that the fire in this case occurred “the body in the vicinity of the instant warehouse is posted with water, and the body was created by the heat plant that occurred in the water combustion process, the testamentary gift is accumulated to the extent that it can be explosion, and the steam was put to the steam.”