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The defendant shall be innocent.
Reasons
1. On May 4, 2012, the Defendant: (a) around 11:00, the Defendant: (b) reported the suspension of a studio from the 2nd male toilet located in the U.S. department store located in Seongbuk-gu, Seongbuk-gu, Seoul; and (c) reported the suspension of a studio from the 2nd male toilet located in the middle floor of the U.S. department store; and (d) attached the studio to the Defendant’s cigarette to the studio and attached the string of the string to the plastic, thereby causing public danger, such as burning the string of the string to the plastic, and extinguishing the studio into the toilets
2. Determination
A. The crime of setting fire to a general object under Article 167(1) of the Criminal Act refers to a specific risk that infringes on life, body, or property of an unspecified or large number of unspecified persons, as a provision punishing a person who causes "public danger" by setting fire to a general object.
(See Supreme Court Decision 2009Do12947 Decided January 14, 2010, etc.). B.
First, in light of the following circumstances, it is difficult to believe that the witness C’s legal statement and each police statement of C and D, which correspond to the facts charged, are contradictory to other evidence or lack of rationality itself.
1) In this Court, C stated in this Court that “I saw that the Defendant was released from the toilets for smoke toilets, and there was partially melting plastics, and that it was generated on the wall that she was melting down with the suspension that was suffering from the suspension site due to the suspension site.” However, D’s police statement also conforms to D’s statement. However, D’s statement is written contrary to the foregoing, although D’s statement that the person making cleaning was shot off at this Court or that it was not having shot off at the same time, and that the person making cleaning was unable to listen to the statement that the suspension site was melted with plastics.
He listened to the novel that a fire has occurred in the toilet and entered the toilet referred to in paragraph (1).
Plastics which have been suffering from suspension or suspension stuffs shall be made.