The case holding that the ship fire is not guilty on the ground that the National Institute of Scientific Investigation did not believe the result of appraisal of the ship's fire and did not prove a crime;

The case holding that the National Institute of Scientific Investigation was not guilty on the ground that it did not believe the result of appraisal of the causes of vessel fire as it is and did not prove a crime.

Articles 170 and 171 of the Criminal Act, Article 325 of the Criminal Procedure Act

Defendant

Attorneys Jeong Byung-hee et al.

The defendant is innocent.

1. Summary of the facts charged

The defendant is a person working for the Busan Corporation's branch office on behalf of the non-indicted corporation, and in order to repair the 807t Twit line Co., Ltd. to repair the above corporation's Mail, the ship repair business entity requests repair to the (main) ship's station located in 209, Young-gu, Busan, Busan. In performing repair work from April 13, 1996, the defendant worked for the main ship's official supervision. When the defendant was requested from the main ship to exchange the type of light, etc. in the above ship's repair work, he shall immediately check the site and repair it to prevent fire caused by the aging of light such as light, etc. from occurring in the main ship's 200th line due to the negligence of delaying the replacement of type light, etc. at around 17:40 on Apr. 26, 1996, the engine's engine's engine's engine's engine's engine's engine's engine's engine's engine's structural stability and explosion.

2. The judgment of this Court

Comprehensively taking into account the following facts: (a) the defendant, as the representative of the Busan branch office of the non-indicted corporation, was designated and worked as the official supervisor of the ship owner in the course of repair work at the Dokdok-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ri's shop on April 26, 1996

Furthermore, as stated in the indictment, whether or not the above fire occurred due to the stability delayed replacement of old light such as light, etc., the defendant denies it in this court. Each protocol of examination of the defendant prepared by the judicial police assistant cannot be used as evidence because the defendant did not recognize the contents of the examination. The record of examination of the defendant cannot be used as evidence. The record of the judicial police assistant formation, yellow typology, typology, immigration lebry, boom, booming, sicking, sexual disease, grheat, grheat, hemical grown, Kim Jong-ho, typ, front ring, Kim Jong-gu, Lee, Lee Jong-young, Lee Young-gu, Lee Young-chul, Lee Young-chul, Lee Young-chul, Lee, Lee Jong-chul, Lee, Lee Jong-young, Lee Jong-chul, Kim Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul's first statement on the fire, repair and repair of each of the above reasons, evidence of the above case.

Ultimately, evidence consistent with the above facts charged can include the statement of the appraisal report prepared by the Director of the National Scientific Investigation Research Institute and the appraisal report prepared by Kim Ma-man, the statement in this court of Park Nam-nam's Eas and the statement of the inquiry report prepared by Park Nam-nam's 'the results of appraisal' (hereinafter referred to as "the results of appraisal of the country and the number for convenience'). The summary is that the special features such as the power distribution equipment of the control room and its surroundings are not distinguished from the power distribution equipment, whereas the power generation of the power-driven unit and its surrounding area are different from the electric wires of the power-driven unit, which are charged by the power-driven unit, so it cannot be seen that the central corrosion of the power-driven unit, which can occur if generated at that place, and there are no special signs that can cause the outbreak of the power-driven unit, and rather, it is difficult for the government to seriously satisfy the engine's satisfy from the bottom of the control room to the end of the fire-resistant unit.

However, with respect to the results of appraisal of these countries and water, first, according to the statement in the fire identification statement prepared by the highest source of the fire and the statement in this court for witness scheping, prior to the appraisal of the above countries and water, the consent industrial college electricity and the lowest source professor who first examined the fire site at the police's request on April 29, 196, is presumed to be the schenate part where the steel beam in the river beam in the river site was displayed, and it is impossible to find the exact cause of the scheke because there is no electrical phenomenon, and it is also impossible to find the scheke and scheke in the light of the fact that the schekes and schekes were removed from the schekes and schekes installed at the police's request, and the schekes and schekes and schekes, which are different from the schekes and schekes installed at the schekes and schekes.

Then, according to the report of the appraisal of the causes of fire by the president of the Korea Electrical Safety Corporation, the organization inspection conducted by the State and the water at the scene of the fire of this case on the type light stability devices and electric wires earthing lights (Evidence 1, 2). As a result, the melting temperature of the stable cable such as type light is 170 to 180 %) so that the melting temperature of the stable cable such as type or light is 170 to 180 x, so the melting temperature is not likely to be off due to the stable temperature in the normal condition. On the other hand, in the external type of the stable colon, the melting type of electric wires does not appear to have a melting trace, and the electric wires appear to have a different form, such as the surface of the melting part, and the melting part of the melting part, including the melting part, and the melting part of the electric wires, and the electric wires appear to have a different form from the external electric wires.

In addition, the shape light, stability devices, electric wires, etc. used in the above vessel are stuffed by the witness stuffing, distribution straws, shots, shots, and shots, and shots installed in the above vessel are divided into iron plates from the parts with stability devices and electric wires to the parts with shots inside the above vessel. Polylogis is sealed into polylogites, and the synthetic resin with active components outside the steel depth is surrounded by the outside, so the stability cable and external input lines are all surrounded by the incombustible clothes and combustions, and the stability cable and external input lines are all surrounded by the shots and combustions so that the shots might immediately cause a fire due to the electric wires, such as the type light of the above vessel, have negative view on the possibility of a fire due to the shots.

Finally, this Court held that, in this Court, the witness Dogjin, which had been performing the repair and cleaning work of the electric parts of the above vessel as an employee of the same power plant, he stated that on April 19 of the same year prior to the occurrence of the instant fire, the 16 type light of the above vessel, including 2 type light installed on the lower part of the engine room at the bottom of the same year before the occurrence of the instant fire, has been replaced with all 16 type light in the above vessel, and that the old light has not been replaced.

Therefore, in light of evidence contrary to the above country’s appraisal results and various questions raised therefrom, it is difficult to readily conclude that the cause of the fire of this case is due to the interruption of an electric wire connected to the stabilization mechanism of the marical light, etc., where the marical light, etc., was sworn, and there is no other evidence to acknowledge it otherwise.

3. Conclusion

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure

Judges Ma Sung-man