logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2018.08.14 2017고단440
현존건조물방화예비
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is as follows: (a) the Defendant was dissatisfied with the victim C (59) who is the head of Pyeongtaek Village, against promoting the installation of solar power plants, and was dissatisfied with the complaint on March 13, 2017; (b) around 08:40 on March 13, 2017; (c) purchased gasoline 20 liters at the F station located in E in the same city; and (d) found the above gasoline as the victim’s house and found the gasoline as the victim’s house.

Accordingly, the defendant was prepared for the purpose of setting fire to the existing building where the wife G of the victim and the victim exist.

Judgment

1. The gist of the Defendant’s and his defense counsel’s assertion was that the Defendant had a good talk about the instant case, and a lot of talks about it.

The Defendant, who was used in light of the light distribution, was able to contain the water to be used for cooling and cooling the agricultural machinery. However, in order to put C hotly, the Defendant was able to c’s house.

In other words, this case's plastic transit contains water, not gasoline.

2. In a criminal trial on related legal principles, the conviction should be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the determination should be based on the defendant's interest (see, e.g., Supreme Court Decision 2016Do19723, Mar. 30, 2017).3.

A. First of all, the evidence determined as inadmissible in the evidence list should be recorded specifically in the judgment.

1) Article 316(1) of the Criminal Procedure Act regarding witness H and I’s respective statutory statements provides that “if a statement at the trial date of a person who is not the defendant (including a person who was examined by, or was involved in, the defendant before the institution of public prosecution) is the content of the defendant’s statement, such statement shall be made.

arrow