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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) is that there is no fact that the Defendant did not attach a fire to A4 form, and even if not, if so, it is difficult to view that the Defendant’s act of attaching a fire to A4 form alone at a place away from the vehicle and the second generation source of the vehicle and the second generation source of the vehicle ought to be contacted with a place where the fire is directly spreaded, if it is intended to put the fire into a vehicle with metal or glass material.
Nevertheless, the judgment of the court below which found the charge of attempted ordinary car fire prevention guilty is erroneous in misconception of facts.
2. Determination
A. The lower court also asserted the same as the grounds for appeal.
As to this, the court below consistently stated that F, who had been at the site at the time, had consistently posted the paper No. A4 at the time and place specified in the facts charged, and had the paper added it to a vehicle. According to the above statement, the criminal facts can be sufficiently acknowledged, and it is difficult for F to find any motive for F to make a false statement in light of the consistency and accuracy of F’s statement, the relationship with the Defendant, etc., and found the Defendant guilty of this part of the facts charged.
B. In the case of a fire-fighting in the form of setting fire to a structure, etc. by means of ignitioning through one intermediary of the judgment of this court, if the criminal was in a state where the action of burning can be continued by putting on the medium, or putting on the intermediate object due to the act of the criminal, it shall be deemed that the commencement of the crime of fire-fighting was the commencement of the crime, even though she did not move to the structure itself, etc., which is the object, due to the circumstances such as the immediate extinguishment, etc., and whether there was the commencement of such action in a specific case, the intention or awareness of the criminal at the time of the crime, and the crime.