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(영문) 서울고등법원 2020.05.06 2019노2511
현존건조물방화치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. On January 20, 2019, the Defendant: (a) around 17:40 on January 20, 2019, at the victim D (n, 40 years of age) located in Yangcheon-gu Seoul Building C (hereinafter “instant housing”); (b) as to the Defendant’s demand that the victim living together with his/her male, restores his/her living together with his/her male, and demands him/her to leave his/her house, he/she made a gasoline pool on the front door of the entrance (hereinafter “the instant gasoline box”); and (c) as to the victim’s body, the Defendant destroyed the Defendant’s fire by setting the inner floor, electric straw, etc. so that he/she can lead to repair costs (hereinafter “instant fire”); and (d) as a result, the victim suffered approximately 1 year’s rehabilitation treatment for video products (e.g., 50%) and 50% of the dacting video products (hereinafter “dacting pictures”).

B. The lower court’s body rejected the Defendant’s assertion that the Defendant did not attach gasoline to the victim’s body and found the Defendant guilty of the charge. In full view of the following circumstances acknowledged by the evidence adopted and examined by the lower court, namely, ① the Defendant’s fingerprint was detected in the gasoline lid, and the Defendant’s shot gun was detected in the Defendant’s shot gun; ② the victim’s statement on the process of the instant fire occurrence is relatively consistent and credibility; ③ the victim’s statement on the process of the instant fire occurrence is difficult to be deemed as a fire due to self-injury or accident; ④ the Defendant’s statement on the process of the instant fire occurrence, etc. is continuously reversed and its content is inconsistent with the common sense; ⑤ the Defendant’s statement on the process of the instant fire occurrence, etc., ⑤ the Defendant’s past dispute with the victim and the Defendant’s motive for committing the instant crime was recognized.

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