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(영문) 서울고등법원 2014.01.16 2013노3550
현주건조물방화등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the defendant made a concrete and consistent statement at an investigative agency on the motive and method of the crime of the present building and fire prevention of this case; (b) the head of the Si/Gun/Gu police station, who first investigated the defendant, clearly testified in the court of original trial about the credibility of confessions made by the defendant to the investigative agency; and (c) the defendant has the record of receiving juvenile protective disposition for the same kind of crime; and (d) the court below found the defendant not guilty of the crime of this case, by misunderstanding the facts that the defendant committed each of the crimes of this case, thereby affecting the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged in this case 1) On July 3, 2006, the Defendant entered the house of the victim D (the Defendant’s father) in Scheon-si on July 21, 2006, with a crepan in connection with the dispute over the said victim’s money, using a crepan in the house, and with a crepan in which the said victim’s money was not inside the house at bar at bar, and laid the 4 to 5 cut off on TV at intervals of about 10 1,00, and laid the rush on the block to the employees of the stop with a rush with a fire at intervals of about 1:4,5 cut off, and put the rush on the stop with a rush attached to the rush. The Defendant, who was in charge of the said 10,000 square meters on the rush-si’s unit, made a claim of approximately 10,000 square meters of the said stop to the agencies of the said victim’s and E (the Defendant’s fire victim’s 1816.286.

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