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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: even if the defendant spreads gasoline on the rooftop of a house in which his mother E is residing to commit suicide, such act alone leads to a situation in which the house can be sufficiently attached; thus, even if the defendant can be punished as a preliminary crime against the present main building, the court below acquitted the defendant of the facts charged in this case; thus, the court below erred by misapprehending the legal principles or misapprehending the legal principles.
2. Determination
A. The lower court found the Defendant not guilty of the instant facts charged on the ground that there is no other evidence to acknowledge it as having been proven to the extent that there is no reasonable doubt that the evidence submitted by the prosecutor alone had the intent to commit the crime of destroying the present structure, and on the grounds that there is no other evidence to acknowledge it.
① The place where the Defendant attempted to commit suicide on the 2nd floor of the building in which the Defendant and his mother together live, set the entrance door at the time of the rooftop of the second floor of the building in which the Defendant and her mother together, and the windows, etc. were closed (Evidence No. 39 pages). (2) The Defendant attempted to spread gasoline into her body outside, not inside the building, and commit suicide, and the rooftop consists of the floor and the wall of the concrete structure.
③ The Defendant stated to the effect that the Defendant, due to wife and children, forcedly hospitalized in a hospital, committed the above acts to kill and kill (Evidence Nos. 29,30). The Defendant, in fact, took gasoline back on the rooftop and took her hand and her hand and forced her to die, and she was hospitalized in a hospital by force.
B. I would like to see why I would like to see why I would like to be why I would like to be hospitalized in the mental hospital by force.
" and by the police of the Republic of Korea".