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The defendant's appeal is dismissed.
Reasons
The gist of the grounds for appeal is that there was no intention to fire the building at the time of the instant case, or that there was no intention to fire the building at the time of the instant case (only there was an intention to fire the general property). In other words, the Defendant, having the plastic ploss at the center of the concrete bottom where water flows, had the plastic ploss stored on the bottom of the concrete bottom where water flows, and had no intention to fire the building at all, and had no intention to fire the building.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles as to whether it constitutes the elements for the formation of the present main building or the attempted fire prevention, which affected the conclusion of the judgment
The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
Judgment
As to the assertion of misunderstanding of the facts or misapprehension of legal principles as to the attempted crime of the present owner's building fire prevention, the lower court convicted the Defendant of committing the crime of attempted fire-prevention of the present owner's building, in full view of the confession of the Defendant and the evidence duly adopted and examined by the lower court.
The degree of formation of a conviction to be found guilty in a criminal trial of the relevant legal principles related to the judgment of the party should be such that there is no reasonable doubt.
However, this does not require any possible doubt to be excluded, and rejection by causing a suspicion that has no reasonable ground is beyond the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decision 94Do1335, Sept. 13, 1994). In a case where the defendant denies the intention, which is a subjective element of the constituent elements of the crime, the criminal intent itself cannot be objectively proven, and thus, it is related to the criminal intent in view of the nature of the object.