현존건조물방화예비
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal reveals that the defendant's spawn spawn spawn spawn, detection of spawn spawn spawn spawn in plastics, and the general public cannot easily distinguish oil smelling, and thus, the victims could be mistaken as gasoline (misunderstanding of facts). (2) The prosecutor of the judgment ex officio on February 1, 200 found that the defendant prepared for the prevention of spawn spawn structure by dusting oil (defewn spawn spawn spawn spawn swn spawn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn s
However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake of facts as to the primary facts charged is still subject to the judgment of this court, which will be examined below.
3. On March 13, 2017, the summary of the facts charged in this part of the Prosecutor’s assertion of mistake of facts is that the Defendant: (a) around 08:40 on March 13, 2017, at the victim’s house, putting the gasoline in the victim’s house, and found the victim’s house, thereby spreading gasoline before the victim’s house.
Therefore, the lower court, on the grounds indicated in its reasoning, proven that the evidence submitted by the prosecutor alone was beyond a reasonable doubt.
The defendant was acquitted on the ground that there is no other evidence to prove it.
However, according to the evidence duly adopted and examined by the court of the court below, the circumstances and its determination stated by the court below are just, and there are errors in the misapprehension of facts as alleged by the prosecutor.