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(영문) 대전지방법원 천안지원 2016.07.20 2016고합62
현존건조물방화미수
Text

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

Reasons

1. The summary of the facts charged is the person who has been accommodated for a long time in South-gu, South-gu, East-gu, DaMoel 602.

On February 2, 2016, at around 13:00, the Defendant: (a) 13:00, and 13 persons, such as the telecom manager, and the telecomers, were fluored to commit suicide by putting in mind their body; and (b) attempted to extinguish the said telecom by putting the Defendant’s name on the floor bed next to the above mother; (c) the police officer, upon receiving a report from 112, attempted to commit an attempted to commit an act by setting fire on the part of the victim, with a fire on the part of the latter; (d) however, (e) the police officer, upon opening a door visit to the said 602 unit and extinguishing a fire attached to the 602 unit.

Thus, the defendant tried to destroy a building in which people exist by setting fire, but did not commit an attempted crime.

2. The Defendant and his defense counsel did not wish to commit suicide at the time of claiming that they were drunk, and the Defendant’s strawing of the Defendant’s tobacco, which was locked, would have been imprisoned into the clothes, and would not put the Defendant’s tobacco into the clothes.

3. Determination

A. In a criminal trial, the establishment of a criminal fact ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it leads to such conviction, the determination should be made in the interests of the defendant (see Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) “The defendant, who would commit suicide, put him/her on clothes in a single robe,” as direct evidence consistent with the facts charged in the instant case, stating that “The 112 Report Processing Statements” (hereinafter “12 Processing Statements”) is the same as direct evidence that conforms to the facts charged in the instant case.

The above disposal statement is prepared by the police officer who was dispatched to the site after receiving the report of E 112 who is the operator of the telecom, and the summary of the case is that the male and female was accommodated together with him, and that the male went away with him.

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