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(영문) 대전고등법원 2019.05.24 2019노105
현주건조물방화미수등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is that there was an economic incentive to prevent a fire intentionally; according to the expert appraisal, it is reasonable to deem that a fire via gasoline was caused; according to the Defendants’ children’s S message, the Defendants’ public solicitation relation is acknowledged; the facts charged in the instant case where the Defendants attempted to prevent a fire and claimed insurance money to an insurance company after extinguishing a fire; however, the lower court erred by misapprehending the facts and acquitted the Defendants.

2. The lower court determined as follows based on the evidence duly adopted and examined: (i) the Defendants purchased a fire insurance policy from around December 12, 2014, and paid the insurance premium for a considerable period of time prior to the instant case, including subscribed to the fire insurance; and (ii) Defendant B, who works as an insurance solicitor, was believed to have been aware of the content of the insurance policy; (iii) the insurance proceeds from the instant fire are merely KRW 4,727,805; and (iv) it is difficult to believe that the Defendants and their children caused the instant fire at risk of suffering from injury in the course of escape or escape; and (iv) it is economically lacking enough to receive the insurance proceeds.

There is no circumstance to see that there was fireation between the family and Defendant A, and Defendant A entered the 2nd image in the process of extinguishing fire, etc., and Defendant A appears to have been adhered respectively by the personal act using gasoline as a burning vehicle. However, although there is a result of the appraisal by the National Science Investigation Agency, it is extremely low in the area and quantity of gasoline to the effect that the trace of burning at the small two locations intentionally spread of gasoline, and an investigator of K Co., Ltd. was fire caused by the 'electric shock' and thereafter expanded burning through a remote area, etc.

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