beta
Text
The defendant shall be innocent.
Reasons
1. Facts charged;
A. On February 27, 2014, at around 00:39, the Defendant: (a) destroyed a fire shocked D market located in Seongdong-gu Seoul, and destroyed approximately KRW 25 million, such as the roof, wall, gate, and gate, etc. of the foregoing housing, by attaching fire to the rain booms and plastic containers, etc., which were burnedd by the F of E’s operation, and the flames spread to the housing used for residential purpose; and (b) destroyed KRW 5 million, such as the roof, wall, gate, and gate of the foregoing housing, and KRW 5 million, such as the roof, wall, gate, and so on.
B. The Defendant, while under the influence of temporary alcohol at the same time, destroyed F and housing, etc. as above by gross negligence, under the influence of alcohol, with the knowledge that the Defendant would turn off F’s load at the end of the Felth of the said D market, and that the Defendant would turn off F and the house under the influence of alcohol, etc. in a case where the Defendant turned down a string to a strings.
2. In full view of the following factors: (a) the Defendant sent the D market platform under the influence of alcohol at the time of the occurrence of the instant fire; (b) the Defendant’s passage through the instant fire site; and (c) the fact that there is a high possibility of the instant fire due to artificial fire-prevention; and (d) the result of artificial fire-prevention at the scene of the fire, etc., there is doubt as to whether the instant fire was not caused by the Defendant’s act.
However, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, it is inevitable to determine the defendant's interest even if there is a doubt of guilt against the defendant, even if there is no such doubt.
(see, e.g., Supreme Court Decision 2005Do12, Oct. 14, 2005). Basic facts identical to the instant selective facts charged are the same in the instant selective facts charged.