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The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. The summary of the facts charged of the instant case: (a) around August 9, 2016, the Defendant attempted to burns a house where the Defendant and D, etc. live in a newspaper (hereinafter “instant house”) with the knowledge of the fact that petroleum flows out by breaking the petroleum market in south-gu, Nam-gu, Nam-gu, Seoul, and that it was spreaded to the said house; (b) however, the Defendant attempted to burns a house where the Defendant and D, etc. live in a newspaper (hereinafter “instant house”) with the knowledge of the fact that D was found to discover it and caused fire to the said newspaper; (c) but did not commit an attempted crime, even though the Defendant attempted to burns a building in which people exist, by setting fire, or by setting fire to the said newspaper.
2. The defendant and his defense counsel's assertion and judgment
A. The summary of the defendant's and his defense counsel's assertion is that the kitchen be used by attaching a kitchen floor to the kitchen in order to kill the dog in the kitchen, and the newspaper was used after one hour from the time when the house was left. After that, in order to remove the petroleum for the purpose of selling the petroleum on the water, the defendant and his defense counsel did not intend to fire the house of this case, which is a structure used as a residence, with the aim of selling the petroleum on the water.
B. The Defendant’s primary evidence that, despite being aware of the fact that petroleum flows into and out of Korea, the Defendant was trying to extinguish the instant house by attaching it to the newspaper site, there is a statement and on-site photograph in D’s legal and investigative agency as evidence consistent with the facts charged.
However, the statement of D is difficult to believe in light of the following circumstances, and the remaining evidence requested by a prosecutor and examined by this court was proved without reasonable doubt that the defendant attempted to destroy the housing of this case, considering the following circumstances in paragraphs (2) through (4).
It is difficult to see, and there is no other evidence to acknowledge it.
1) At the time of the instant case, the Defendant was arrested as a flagrant offender E, and “the Defendant was in peril.”