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(영문) 서울고등법원 2012.08.16 2012노1314

일반자동차방화

Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed a crime such as the mistake of facts or misapprehension of legal principles as stated in the facts charged, and the confession of the crime of this case in the original trial court was made only in a false confession to be engaged in the occupation for family members by deviating from the soft of the criminal trial as soon as possible, and the reason why the Defendant made a confession after undergoing the police investigation was led to a confession by the police officer that he would be subject to the confession.

B. Under the influence of alcohol at the time of committing the crime, the Defendant was in a state of lacking the ability to discern things or make decisions.

2. The facts charged and the judgment of the court below

A. The Defendant, without any special reason, tried to influence on a parked vehicle at a single-style place without any justifiable reason, and 125CC type Pool, which had no number plate from which the Defendant was on board, carried the vehicle in question, carried the vehicle in question, and black the object of the crime.

(1) On August 1, 2010, the Defendant: (a) around 03:45 on August 1, 2010, the Defendant: (b) destroyed a fire by attaching a single-use gas engine with the victim’s 5t car truck owned by the victim D, which he had been parked on the street in front of the Namyang-si city; and (c) destroyed that the repair cost of the vehicle, such as the 1,760,253 won, would be 1,760,253 won in front of the vehicle.

B. At around 04:20 on the same day, the Defendant committed the crime against the Victim G, H, and I: K Sknice truck 24t dump truck owned by the Victim G; L deemed to be owned by the Victim H L L 24t dump truck; the Victim I’s M 5t truck owned by the Victim I by attaching the fire to the vehicle by a single gas dypter in his possession of his own possession of the Victim G M 5t truck; and the repair cost of the 2 dyp dump truck owned by the Victim G is to be destroyed by 620,000 won, and the repair cost is to be borne by 620,000 won. H-owned L vehicles, fump, fump, and fylon.