(영문) 창원지방법원 2019.03.21 2018노198 | 리걸엔진

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(영문) 창원지방법원 2019.03.21 2018노198

실화

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The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is that since the Defendant was stetetete et tete and returned home on the day of the instant case, there is no possibility of living or fire after three hours from that time.

Even if the fire has been living or the fire has to spread, the defendant could not expect that the fire can occur by putting the electric power ship connected to the victim's house and spreading the fire to the outside electricity of the victim's house.

Therefore, the judgment of the court below that found the Defendant guilty of the charges of this case, inasmuch as the fire of this case did not have a causal relationship with the Defendant’s act in dice, and was not negligent in the occurrence of a fire, there was an error of mistake of facts

2. Determination

A. The summary of the facts charged in the instant case appears to be a clerical error in writing in the B indictment at the close time around 11:00 on October 12, 2016.

In the case of the victim C's vinyl and the neighboring Defendant's dice dice dice dice on board, the victim did not completely turn the dice back to the Defendant's residence.

The Defendant, due to the above negligence, was fired in French where the Defendant left dex, and discovered that he was aboard the victim’s plastic vinyl front of the plastic house and the electrical ship connected to the victim’s house from the floor to the victim’s plastic house and moved to the victim’s house, was spreaded to a place where water can break away from the water tank near the victim’s house to the point where water can break out, and the fire was frighted to the victim’s outside electricity on the same day at around 14:40 on the same day.

Accordingly, the defendant destroyed the victim's housing unit and household unit products in the amount of KRW 50,000,000 used for the victim's residence.

B. The lower court’s determination is the witness D and C’s each legal statement, the police statement of E, and the lower court’s judgment.

유사 판례

-창원지방법원 2019.03.21 2018노198

-창원지방법원 밀양지원 2017.12.28 2017고정87

-대법원 2014.08.28 2014도321

-서울북부지방법원 2015.05.15 2015고합65

-수원지방법원 2019.05.17 2018고단7448