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(영문) 창원지방법원 2018.09.13 2017노2452
실화
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In fact, as the Defendant: (a) caused a fire to plastic products; (b) completely put a fire to plastic products; and (c) confirmed the postponement thereof, there is no possibility that the product might have been a fire; and (d) there is no possibility that a fire may occur after about 30 minutes elapsed from the time the fire was attached to the plastic products

Therefore, the fire of this case was caused by the defendant's negligence.

shall not be deemed to exist.

B. Sentencing

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) around 10:00 on February 18, 2016, the Defendant: (b) destroyed the victim’s building and the machinery, etc. owned by the victim E and the machinery, etc. owned by the victim C, and the machinery, etc. owned by G owned by the victim, and the machinery, etc. owned by the victim, which are owned by the victim, while the Defendant was engaged in the work of selecting plastics by putting the synthetic resin loaded under the stairs of the “D” container office, which is operated by the victim C; and (c) leaving the place around the loaded plastic package without completely extinguishing the wind.

B. The lower court found the Defendant guilty of the facts charged in the instant case on the grounds of the circumstances indicated in its reasoning, such as the witness C, H, I, and J’s respective legal statements, reports on occurrence (fire), field identification results, reports on fire occurrence, on-site investigation, response to a request for appraisal, on-site examination, and on-site photographs.

(c)

(1) According to the evidence duly adopted and examined by the court below and the appraisal report by the Supreme Prosecutors' Office of Supreme Prosecutors' Office at the trial, etc., ① fire occurred at around 10:30 on February 18, 2016 from D (high water surface) operated by C, and ② the Defendant, prior to about 30 minutes prior to the occurrence of the instant fire, while performing the work of screening plastic goods at the above high-water container location, was put to the plastic goods corner by using a throwter.

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