현주건조물방화
The defendant shall be innocent.
1. On February 25, 2013, the Defendant: (a) around 10:02, attached a fire to the bitphone and wall installed adjacent to the entrance of the B (hereinafter “instant bitphone”) in front of the dwelling site of E, the head of the Gu, Busan, B (hereinafter “instant building”); (b) in front of the dwelling site of E, the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Gu, the head of the Gu, and the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Si/Gun/Gu, became unable to enter the instant building by changing the front door password; and (c) contacted E, but did not contact with the head of the Si/Gun/Gu.
As a result, the Defendant destroyed the wall of the F-owned market price that E, etc. uses as a residence and the 100,000 personal phones.
2. The gist of the Defendant’s assertion and defense counsel did not have any fire prevention. Even if the Defendant committed a fire on the part of the Defendant, it cannot be said that the Defendant destroyed only the instant personal phone, and that there was a situation in which independent smokes could have attached to the wall wall of E. Thus, the crime of fire on the present main building cannot be deemed to have been completed.
3. Determination
A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
B. (See, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003).
The following facts may be determined according to the police statement of E, investigation report (fire experiment), each internal investigation report (in the investigation of reporter, witness G counterpart investigation, CCTV investigation), on-site photograph of damage, and on-site report of appraisal request (whether or not there are any electrical peculiar characteristics):
1) At around 10:14, Feb. 25, 2013, G, which was living in the instant building 201, discovered that the instant terphone was in flight of the fire, and reported a fire after breaking the fire. 2) The Defendant fire.