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(영문) 서울중앙지방법원 2014.01.17 2013고합1110
일반자동차방화
Text

The defendant shall be innocent.

Reasons

1. On March 3, 2013, the Defendant: (a) around 02:15, on the front side of Jongno-gu Seoul Jongno-gu Seoul, the Defendant: (b) set up the instant Obane, a two-wheeled by the victim D (hereinafter “the instant Obane”) on the alleyway, along with a waterproof cover; and (c) destroyed the instant Obane, which is a two-wheeled automobile of the market value of which is a two-wheeled automobile of the market value, by putting the fluor with a fluter, which was in possession of carrying the fluor and the fluor of trees, on the back of the instant Obane, and setting the fluor of the instant case, which is a two-wheeled automobile of the market value of one million won or more.

2. Determination:

A. The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree that such conviction would lead to such a conviction, it shall be determined in the interests of the defendant even if there is a suspicion of guilt.

Therefore, based on the above legal principle, the following facts and circumstances are acknowledged according to the evidence duly adopted and examined by this court, such as the CCTV images at fire site, etc.

1) Around March 1, 2013, the victim D had the instant Otoba in front of Jongno-gu Seoul Metropolitan Government (hereinafter “Fnb”), as in Pyeongtaek, covered the instant Otoba, and according to the images recorded in CCTV installed under the “Fnb”), from March 3, 2013 to March 02:09:30, the Defendant attempted to extinguish fire on the side of the Otoba of the instant case, and the first reporter, etc. attempted to extinguish fire from around 4 minutes after the Otoba of the instant case. However, the instant Otoba of the instant case, which was disfolded. 2) On the other hand, the Defendant, on March 3, 2013, was 02:06:00, 06:00, which was under the influence of alcohol, 02:06:0, 06:00, 000, 200.

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