logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2017.02.16 2016노165
현주건조물방화
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) is sufficiently recognized when comprehensively considering the indirect evidence such as the Defendant’s experience in receiving fire insurance money, the Defendant’s property status, the degree of knowledge about the Defendant’s two seconds, and the result of a fire appraisal by experts.

2. Determination

A. In light of the following circumstances, the lower court’s judgment, based on the evidence duly adopted and examined by the Prosecutor, proven without reasonable doubt that the Defendant committed a fire-fighting crime as stated in the instant facts charged, solely on the evidence submitted by the Prosecutor, that the Defendant committed a fire-fighting crime.

It is insufficient to see it, and judged not guilty of the facts charged in this case on the ground that there is no evidence to acknowledge it.

1) The report (see, e.g., evidence list No. 8) on the result of the inspection of the fire site of the local police agency in Chungcheongbuk-do stated to the effect that “it shows the form of combustion and combustion spread by electrical factors inside the first floor warehouse of the building. However, it cannot exclude the possibility of fire outbreak due to independent combustion from the explosion inside the 1st floor store of the building (see, e.g., 41 page 41 of the investigation record).” The appraisal report (see, e.g., evidence list No. 15) of the Daejeon National Science Investigation and Investigation Agency of the Daejeon National Institute of Science and Investigation (see, e., evidence list No. 15) can be seen as being independently burned from the small wave inside the 1st floor of the building to the entrance, ② inside the warehouse, and ③ the upper part of the fire site of the building to the effect that there are no continuous combustion, and (iii) the above part is described in the list No. 1344 of the investigation report (see, e.g. 14).

arrow