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(영문) 대전지방법원 홍성지원 2016.04.07 2015고합110
현주건조물방화미수
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. On October 6, 2015, the primary charge was that the Defendant attempted to burns the above chill that D uses as a residence by dusting gasoline to theme of the above chills, putting it down into the mouth of the above chills, and putting it into a stop, on the ground that the victim lives in the chills owned by the Defendant’s wife D (a approximately four square size) located in Boh-si, Sin-si, Yan-si. However, the Defendant failed to commit an attempted crime on the wind that gushes down on the wind.

B. On October 6, 2015, the Defendant: (a) sent gasoline to the lower court’s wife victim D (around 4 square meters) of the Defendant’s wife in Bosa-si, Bosa-si, Bosa-si (hereinafter “Sa-si”), on the ground that the victim was living in the deaf-do, without gathering his/her parent; and (b) sent gasoline to the lower court, she was fluor, plastic chairs, etc. on the floor of the tesa-si; and (c) destroyed the signboard of the deaf-do by putting it down on the lower court’sme, plastic chairs, etc.; and (d) setting it off.

2. The Defendant and his defense counsel’s assertion that they were fluoring gasoline on the concrete road in front of the math of the Egride owned by D (hereinafter “the instant deafum”) in order to put the victim into fluority, and immediately extinguishing gasoline on the road. However, there is no fact that D puts a fire on the interior of the said farming shed in order to extinguish the above farming shed used as a residence, or setting a fire on theme, or setting fire on the teromoum’s wall with a fire attached to the terode front of the teromoum.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(b).

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