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(영문) 서울남부지방법원 2018.07.12 2018고합88
현주건조물방화미수
Text

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

Reasons

1. The summary of the facts charged was that the Defendant lost money from “C Flag Game”, and the Defendant purchased two gasoline at the convenience store with the mind of flag and with the convenience store.

around 07:00 on January 11, 2018, the Defendant: (a) entered the said flag center operated by Gangseo-gu Seoul Metropolitan Government D and D and D (59 tax); (b) attempted to fire the said building by putting the gasoline for straws purchased at the convenience store as above with a ppuri on the floor of the said site and with a stringer with a fire; (c) however, the Defendant attempted to commit an attempted crime by putting only a part of it on the wind floor, which was discovered to the F residing on the third floor of the said building.

2. 판단 이 사건 공소사실에 대하여 피고인 및 변호인은, 피고인이 지 포 라이터용 휘발유를 지 포 라이터에 넣고 담배를 피는 과정에서 실수로 바닥에 흘린 휘발유에 불이 붙은 것이고, 그 직후 피고인이 스스로 발로 비벼 불을 껐다며, 방화사실 및 범의가 없었다고

c) a change;

Among the evidence submitted by the prosecutor, the testimony of witness F is flexible as direct evidence corresponding to the facts charged in this case.

F) At the time of the occurrence of the instant case, the F prepared a statement at the first police station at the time of the lapse of about 30 minutes from the time of the occurrence of the instant case, and thereafter made a statement at the telephone conversation with the prosecution investigators, and made a statement

In doing so, the F’s statements are not consistent before and after, as seen below, and cannot be believed to be inconsistent with objective circumstances, and the remainder of evidentiary materials alone are proven without reasonable doubt as to the facts charged in this case.

It is insufficient to view it, and there is no other evidence to prove it.

A. With respect to the conduct of the defendant by the F immediately after the F became the source, F must do so in the first police station “F” on the fourth floor of the same building while she was divingd at the house on the third floor.

“The sound goes up to the opening,” and the Defendant spreads the width on the floor and blicks.

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