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(영문) 부산지방법원 2014.06.27 2014고합189
현주건조물방화예비등
Text

Of the facts charged in this case, the main building and fire prevention reserve is not guilty. Of the facts charged in this case, assault is committed.

Reasons

The acquittal portion

1. The summary of the facts charged is as follows: (a) around 17:20 on March 20, 2014, the Defendant: (b) in Busan Northern-gu E, 401 (FF Lending) living together with C, the mother of the Defendant, and C, who was living together with C, and C, was removed by a police officer who sent to the scene, for the following reasons: (c) reported 112 of the dismissal of prosecution; (d) in the case where C, as described in paragraph (1) of the same article, the Defendant 112 reported a defect; and (e) in the case where C and D, had a string of about 100cc gasoline used in storage in the toilet at that place; and (e) in the Defendant’s room, the Defendant rand the gasoline on his body and room; and (e) was removed by the police officer called “dinant”, who was dispatched to the scene.

Accordingly, the defendant was prepared for the purpose of preventing a fire to a building used by a person as a residence.

2. The Defendant and his defense counsel’s assertion was aground for gasoline in their body with a view to getting c and D heavy, and during that process, a small amount of gasoline was separated from the floor of the string, and the Defendant did not have a purpose to prevent the string structure.

3. Determination 1) In order to establish the principal building and a preliminary conspiracy, the purpose of the crime is to commit the principal building and a provisional conspiracy is to commit the crime, and the purpose is to commit the crime without any positive desire or conclusive perception to commit the crime of the principal building and a provisional conspiracy, but the purpose is to commit the crime, so it is sufficient to prove that the crime is a constituent element of a crime, so that there is no reasonable doubt as a subject of strict proof. 2) In light of the above legal principles, the following circumstances recognized by the evidence adopted by the court and examined by the court, namely, ① the defendant consistently from the investigative agency, and was in the body of the defendant at the time, “I tried to make a serious threat.”

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