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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is around 20:45 on June 5, 2016, the Defendant: (a) smoked from the 14th floor bend of the Gangnam-gu Seoul building C in Gangnam-gu, Seoul; and (b) discarded tobacco to cans and coffees, and entered into the office.
Due to the above negligence of the defendant, 13th floor of the above 15th floor and 15th floor of the above 15th floor attached to the paper paper that was kept in Vietnam because the fire remaining in the beginning of the cigarette butts were burnedd.
Accordingly, the Defendant destroyed part of the building 13, 14, and 15 stories owned by the victim D and eight others.
2. Determination
A. The conviction in a false criminal trial ought to be based on evidence of probative value, which leads to the judge to confluence that the facts charged are true, beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach such a level that would lead to conviction, the defendant’s interest should be determined even if he/she was suspected of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). (b) In light of the evidence duly adopted and investigated by the court, this court duly adopted and examined the following facts: (a) the defendant avoided tobacco from the 14th floor V of the C building, the place where the fire in this case occurred 40 minutes prior to the occurrence of the fire in this case; (b) there was no person having access to the above 14th floor be found in the fire immediately preceding the fire in this case; (c) other electrical and mechanical factors related to the cause of the fire in this case have not been discovered; and (d) a report on the scene report on the scene of a fire and an artificial act.
In light of the overall burning shape of the fire site, the shape of burning at the bottom of the bend entrance, which is shown as the first combustion, etc., the tobacco fire, which is disposed of after smoking, is stored on the bend and all sides of the smoking site, at the place of the staff of the office in ordinary times, when the fire occurs.