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(영문) 부산지방법원 2014.04.29 2014고합50
현주건조물방화등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged of this case was around 03:58 on January 4, 2014, at the tent installed in front of the 'F' restaurant entrance operated by the victim E, the defendant entered the said tent under the influence of alcohol, and attached it to the said tent with an influence (rest as a Lter) which had been previously possessed without any special reasons, and the defendant was placed in front of the restaurant through the above cafeteria in the non-breadth. The defendant was placed in one flusium 125ccoda 1, the victim G Y-MAX 49cOba, the victim H H, the 1st and the flusium 49ctoba, the flusium 1 and the flusium flusium flusium operated by the victim I, a building adjacent to the restaurant, and a warehouse that was kept in front of the garlusular phone.

Accordingly, the Defendant: (a) destroyed the victim E’s 1st floor restaurant (56.2m2m2) with a value equivalent to KRW 25 million in the market value of the victim E used as a residence on the 3 and 4th floor of the above restaurant building; and (b) the third floor of the above cafeteria building, the victim I’s mobile phone agent and warehouse with a value equivalent to KRW 19 million in the market value; (c) the victim’s 1st floor mobile phone agent and warehouse with a value equivalent to KRW 2 million in the market value; and (d) the victim H with a value equivalent to KRW 6 million in the market value.

2. Defendant and his defense counsel’s assertion is consistent from the police to this court, and the Defendant asserts that the date and time stated in the above facts charged are only front of the above “F” restaurant, but there is no fact with fire.

3. Determination

A. The following circumstances that can be acknowledged by the evidence adopted by the court of this case, namely, ① the Defendant passes ahead of the above “F” restaurant (JJG CCTV images (04:04:10 to 04:04:15) / From approximately one minute after the CCTV was attached to the lower part of the tent installed outside the above restaurant. From about 30 minutes to the time when the said cafeteria attached a fire, there is no person other than the Defendant, and the Defendant, from among the JG CCTV images, there is no other person in front of the above cafeteria from around 30 minutes to the time when the said cafeteria attached a fire.

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