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Trends of the Precedent Case concerning Hospitalized Acquired Infection (병원감염에 관한 판례의 동향)

  • Lee, Dong-Pil
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.61-105
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    • 2007
  • The Hospitalized Acquired Infection is defined as the case where the hidden infection or not found at the time of hospitalization occurs during the hospitalized period or, within 30 days to those who performed the surgery operation and then left the hospital. About 2/3 of the Hospitalized Acquired Infection are found as having the internal infection cases that are occurred by the patients' own virus due to the lowered immune system, while about 1/3 are found as having the external infection. The latter 1/3 of the external infection cases can be prevented through the infection management. And in case the new Hospitalized Acquired Infection case occur to the patient who was treated in the hospital, its responsibility issue will matter. As well in the disputes over the Hospitalized Acquired Infection cases, the cause-result relation between the damages and the medical staff's fault and as to whether there is failure of the medical staff or not. personnel should be proved in the medical-malpractice cases. In addition, the difficulties in proving such as expertise, secrecy propensity, discrete propensity and incompleteness will be considered to ease the burden of patient side's proving. Probability theory, Fact based assumption theory, Most adequate plaintiff preassumption or Expressed evidence theories are being discussed as the theories of eased burden of proof. In the result of gathering and reviewing Korea's precedent cases concerning the Hospitalized Acquired Infection, there are only a few accumulated prece dent cases and the attitude of the court also are also not consistent. Therefore, there are the precedents where the cause-result relation and the failure are immediately assumed when (1) timely proximity between the medical behavior and malpractice results, (2) proximity between the medical behavior-applied parts and the malpractice results-found parts, and (3) lack of other causes are separately evidenced; while the are the precedents only when 'the existence of the medical faults based on the common sense' is separately evidenced. It was found that the former and latter cases coexisted. The former is considered as based on the theory that separates the fault and cause-result relation not to consider them together, or regarded as based on the doubts that assumes the medical staff's neglect even though the Hospitalized Acquired Infection might be completely prevented by their efforts. However, the modern medical technology has the limitation as far as the prevention of the Hospitalized Acquired Infection. In conclusion, the assumption of the cause-result relation and that of the fault should be separately reviewed. Therefore, the latter precedents are considered as more reasonable, in the point the faulty behavior may be proved based on the common sense.

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Android App Birthmarking Technique Resilient to Code Obfuscation (난독화에 강인한 안드로이드 앱 버스마킹 기법)

  • Kim, Dongjin;Cho, Seong-Je;Chung, Youngki;Woo, Jinwoon;Ko, Jeonguk;Yang, Soo-Mi
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.40 no.4
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    • pp.700-708
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    • 2015
  • A software birthmark is the set of characteristics of a program which can be used to identify the program. Many researchers have studied on detecting theft of java programs using some birthmarks. In case of Android apps, code obfuscation techniques are used to protect the apps against reverse-engineering and tampering. However, attackers can also use the obfuscation techniques in order to conceal a stolen program. A birthmark (feature) of an app can be alterable by code obfuscations. Therefore, it is necessary to detect Android app theft based on the birthmark which is resilient to code obfuscation. In this paper, we propose an effective Android app birthmark and app theft detection through the proposed birthmark. By analyzing some obfuscation tools, we have first selected parameter and the return types of methods as an adequate birthmark. Then, we have measured similarity of target apps using the birthmarks extracted from the apps, where some target apps are not obfuscated and the others obfuscated. The measurement results show that our proposed birthmark is effective for detecting Android app theft even though the apps are obfuscated.

IP Camera Authentication and Key Exchange Protocol Using ID-Based Signature Scheme (ID 기반 서명 기법을 이용한 IP 카메라 인증 및 키 교환 프로토콜)

  • Park, Jin Young;Song, Chi-ho;Kim, Suk-young;Park, Ju-hyun;Park, Jong Hwan
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.4
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    • pp.789-801
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    • 2018
  • Currently widely used IP cameras provide the ability to control IP cameras remotely via mobile devices. To do so, the IP camera software is installed on the website specified by the camera manufacturer, and authentication is performed through the password between the IP camera and the mobile device. However, many products currently used do not provide a secure channel between the IP camera and the mobile device, so that all IDs and passwords transmitted between the two parties are exposed. To solve these problems, we propose an authentication and key exchange protocol using ID-based signature scheme. The proposed protocol is characterized in that (1) mutual authentication is performed using ID and password built in IP camera together with ID-based signature, (2) ID and password capable of specifying IP camera are not exposed, (3) provide forward-secrecy using Diffie-Hellman key exchange, and (4) provide security against external attacks as well as an honest-but-curious manufacturer with the master secret key of the ID-based signature.

Experiences of Military Prostitute and Im/Possibility of Representation: Re-writing History from a Postcolonial Feminist Perspective (기지촌 여성의 경험과 윤리적 재현의 불/가능성: 탈식민주의 페미니스트 역사 쓰기)

  • Lee, Na-Young
    • Women's Studies Review
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    • v.28 no.1
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    • pp.79-120
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    • 2011
  • The purpose of this paper is to illuminate the implication of feminist oral history from a postcolonial feminist perspective as critically reexamining the relationship between hearer and speaker, representer and narrator, the said and the unsaid, and secrecy and silence. Based upon oral (life) history of a U.S. military prostitute (yanggongju), I tried to show the experiences of a historically-excluded and marginalized 'Other,' and then critically reevaluate the meaning of encountering 'Other', not just through the research process but also in the post/colonial society in Korea. The narrative of an old woman in the "kijichon" (a formal prostitute in U.S. military base) shows how woman has navigated the boundaries between inevitability/coincidence, the enforced/the voluntary, prostitution/intimacy, and military prostitute/military bride while continually negotiating as well as having conflict with various myths and ideologies of the 'normative woman,' 'nationhood,' and 'normal family.' In addition, her narrative which causes the rupture of our own stereotypical images of a military prostitute not only proves the possibility of reconstructing the self-identity of a subaltern woman, but also redirects the research focus from the research object to the research subject (ourselves). Consequently, the implication in feminist oral history is that feminist researchers who whish to represent the experiences of other should first inquire 'what/how we can hear,' 'why we want to know others,' and 'who we are,' while simultaneously asking if subaltern woman can speak.

A Study on the Hyun-Mu Sutra(玄武經) of Jeungsan (증산계 『현무경』 연구)

  • Koo, Jung-hoe
    • Journal of the Daesoon Academy of Sciences
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    • v.25_1
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    • pp.25-85
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    • 2015
  • In this study, source criticism (an establishment of authentic text) of the Hyun-Mu Sutra(玄武經) among different editions is studied and an attempt of a new interpretation appropriate to that is attempted. The Hyun-Mu Sutra, a scripture written in 1909, began to communicate with the world through the religions of Jeungsanism. In particular, it was remarkable that The Hyun-Mu Sutra was absorbed as canon textbooks Jeonkyung(典經), the Scriptures of Daesoonjinrihoe, The Fellowship of Daesoon Truth(大巡眞理) from a loner and secret pull-out of heritage traditions. However, this scripture though written in 1909 and more than 100 years has passed, remained in a state unestablished authentic text. The Hyun-Mu Sutra is the scripture consisted of 25 pages by the religions of Jeungsanism[Gang Il-sun 姜一淳(1871~1909)]. 33 page type of Hyun-Mu Sutra has been distributed in the world until now the authentic text of The Hyun-Mu Sutra. However, as a result of the examination, diagnostic scripture(病勢文) was found to have been added by descendants. After a review of authentic text of The Hyun-Mu Sutra, it concluded that there is no diagnostic scripture in primary The Hyun-Mu Sutra. Though The Hyun-Mu Sutra is a booklet of a small amount, the notation and expression is so unique, it has been in secrecy to read its contents. Interpretation way of The Hyun-Mu Sutra up to now can be summarized in two as follows. 1) approaches by I-ching 2) approaches by ten celestrial stemps and twelve earthly branches(10干12支). Approaches by I-ching among this sometimes was supplemented with Buddhist classification methods. Nevertheless, these studies can be evaluated limited because it fails to secure authentic text of The Hyun-Mu Sutra. In this study, the contents of The Hyun-Mu Sutra was examined itemized by focusing on the following four points. 1) The icon of The Hyun-Mu Sutra(玄武經符) is similar as normal talisman(符籍) but it has other features. 2) 'Reverse Fonts'(反書體)[the opposite view of the standard fonts(正書體), reflected in the mirror fonts] and size or location used in text is not in uniform. 3) letters in scripture were pointed and points were stamped in the left and upper and lower characters. 4) "Spiritual poem" (詠歌, the Korean traditional music with a view of elegance as an origin of eco), and the music with the Five-Sounds[宮Gung, 商Sang, 角Gak, 徵Chi, 羽Wu) were related. As a result, content analysis of The Hyun-Mu Sutra is carried out in the next four points. 1) The icon of The Hyun-Mu Sutra (玄武經符) has been primarily developed by Jeungsan. 2) 'Reverse Fonts'(反書體)[the opposite view of the standard fonts(正書體), reflected in the mirror fonts] and reverse location such as '宙宇' [the reverse of '宇宙'] represents based on a new world based on a forward and reverse I-ching(正易). 3) Dot and neighbor points is a symbolic map that guides the position of lateral new world(後天) and era(人尊) 4) Spiritual poem is the entrance to achieve the Realization of Do(道通). The above can be considered as the results of this study.

A Study of the Ethical Values of EMT students (응급구조과 학생의 윤리적 가치관에 관한 연구)

  • Kim, Mi-Seon
    • The Korean Journal of Emergency Medical Services
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    • v.5 no.1
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    • pp.37-51
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    • 2001
  • This study is aimed at examining the ethical values of EMT students. The results below are based on the revised questionnaires, which can be applicable to EMT from the original questionnaires developed by Lee(1990), with a sample of 124 students consisting of 63 first and 61 second year students, conducted November 2-8, 2001. Data were analyzed using SPSS in terms of means, standard deviations, t-test, ANOVA, Pearson's correlation coefficient. The results are as follows: 1. In the area of Human life, all subjects showed utilitarian disposition. All respondents perceived the item "When patients recognizing there is no hope for survival ask for euthanasia, it is ethically right to accommodate their opinions." as the most utilitarian item, whereas they perceived the item "When an hopeless patient is on cardiac arrest, it is ethically right to do CPR as the most deontoogical item. 2. In the area of patient relationship, all students of two groups took on deontoogical characteristics, but there were no statistically significant differences between two groups. All students perceived an item "EMT have to keep it secret if patients disclose their suicide intentions and ask for absolute secrecy" the most utilitarian item, whereas they perceived an item "Even though patients act and speak in a very rude manner, EMT people should do their best to provide care for patients." as the most deontoogical item. 3. In the area of task relationship, first year students perceived an item "Given time limitations, it is ethically right to give priority to the patients who can be rehabilitated over the patients who can't be fully recovered." as the most utilitarian item, whereas second year students perceived an item "Under no circumstances should any placebo be administered to patients." as the most utilitarian item. All students perceived an item "When EMT students see an unconscious person lying in the street, they have to give him/her emergency treatment." as the most deontoogical item. 4. In the area of coworker relationship, all students of two groups took on deontoogical disposition, but there were no significant differences between two groups. All students of two groups perceived an item "Suppose you are regarded as the person who would be promoted. However, you think that your coworker is more competent than you. In that case you should tell your supervisor about your coworker." as the most utilitarian item. First year students perceived an item, whereas second year students perceived an item "When you observe coworkers' misconduct at work, it is ethically right to ignore their misdeeds." as the most deontoogical item. 5. This study demonstrated that for the first year students, there is a correlational relationship between areas of human life and task relationship, and between areas of task relationship and coworker relationship, whereas for the second year students, there is a correlational relationship between areas of human life and task relationship. 6. In areas of human life and task relationship, there are significant differences according to attitudes toward EMT and attendance at ethics training sessions. In the area of coworker relationship, there are significant differences according to religion, attendance at ethics training sessions, and a code of ethics. Recommendations for future research, 1. Sample items to measure ethical values and the instrument tailored to the needs of EMT should be developed. 2. A longitudinal study to track ethical value changes according to the amount of work experience is needed. 3. A code of ethics and/or ethics training, which could apply in actual situations, should be implemented.

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A Study on the Record Management of National Archives of Korea (국가기록물 관리의 현황에 관한 발전적 제언)

  • Kim, Sung-Soo
    • Journal of Korean Society of Archives and Records Management
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    • v.3 no.1
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    • pp.159-184
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    • 2003
  • In this research the issues of record management of national archives in Korea are classified into four categories: 1) improving the status of the Central Archives of Korea, 2) constructing a new national archives, 3) revising the law on the record management, 4) creating qualifications for a professional administrator for Archivist. 1) In order to strengthen the function of the Central Archives of Korea, it is very urgent to create a systematic mechanism in which the Central Archives oversees and administers public archives(documents) collected from all the public institutions not only under the Administration but also the legislature and the judicial authorities. 2) This paper suggests that a new National Archives should be a symbolic building representing Korea as archives. Considering the fact that Presidents archives will be a part of this new National Archives, it also suggests that artistic and decorative pieces which embody Korea's representative archives or people should be included in the building. The budget for these should be supplied by the government. 3) This paper looks at the matter of revising the law on Record Management in two respects: (1)strengthening the function of the Central Archives of Korea, (2)making it obligatory to produce archives not open to the public, or making a protection clause for secret archives. This paper proposes that the Central Archives of Korea will be able to collect all the public archives from all the public institutions, and to oversee and administer them by revising the 5th and 6th clauses of the current law on the record management. It also proposes that some laws which make it obligatory to produce archives for documents not open to the public, and which protect those secrecy. 4) Regarding the qualifications for a professional administrator for the record management, this paper suggests lowering the qualification a little to the bachelor's degree of the record management. Also it suggests taking into consideration the persons in charge of the record management in public institutions and acknowledging their qualifications after a certain period of training at the Central Archives of Korea or something like that. In addition, it classifies the ranks of the professional administrators according to their qualifications.

Operative Challenges in Releasing Administrative Information and Records (행정정보 및 보존기록물 공개의 운영과제)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.12
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    • pp.81-135
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    • 2005
  • The release of administrative information has been the challenge of our age following the maturation of democratic ideology in our society. However, differences of opinion and conflict still exist between the government and private sectors regarding the issue, and it seems that the technical and policy-related insufficiencies of information and record management that actually operate the release of information are the main causes. From the perspective of records management, records or information are variable in their nature, value, and influence during their life span. The most controversial issue is the records and information in the current stage of carrying out business activities. This is because the records and information pertaining to finished business are but evidence to ascertain the past, and have only a limited relationship to the ideal of the 'democratic participation' by citizens in activities of the public sector. The current information release policies are helpless against the 'absence of information,' or incomplete records, but such weakness can be supplemented by enforcing record management policies that make obligatory the recording of all details of business activities. In addition, it is understood that the installation of 'document offices("Jaryogwan")' that can manage each organization's information and records will be an important starting point to integrate the release, management, and preservation of information and records. Nevertheless, it seems that the concept of 'release' in information release policies refers not to free use by all citizens but is limited to the 'provision' of records according to public requests, and the concept of 'confidential' refers not to treating documents with total secrecy but varies according to the particulars of each situation, making the actual practice of information release difficult. To solve such problems, it is absolutely necessary to collect the opinions of various constituents associated with the recorded information in question, and to effectively mediate the collective opinions and the information release requests coming from applicants, to carry out the business more practically. Especially crucial is the management of the process by which the nature and influence of recorded information changes, so that information which has to be confidential at first may become available for inquiry and use over time through appropriate procedures. Such processes are also part of the duties that record management, which is in charge of the entire life span of documents, must perform. All created records will be captured within a record management system, and the record creation data thus collected will be used as a guide for inquiry and usage. With 'document offices(Jaryogwan)' and 'archives' controlling the entire life span of records, the release of information will become simpler and more widespread. It is undesirable to try to control only through information release policies those records the nature of which has changed because, unlike the ones still in the early stages of their life span and can directly influence business activities, their work has finished, and they have become historical records or evidences pointing to the truth of past events. Even in the past, when there existed no formal policy regarding the release of administrative information, the access and use of archival records were permitted. A more active and expanded approach must be taken regarding the 'usage' of archival records. If the key factor regarding 'release' lies in the provision of information, the key factor regarding 'usage' lies in the quality and level of the service provided. The full-scale usage of archival records must be preceded by the release of such records, and accordingly, a thorough analysis of the nature, content, and value of the records and their changes must be implemented to guarantee the release of information before their use is requested. That must become a central task of document offices and "Today's information" will soon become "yesterday's records," and the "reality" of today will become "history" of the past. The policies of information release and record management share information records as their common objective. As they have a mutual relationship that is supplementary and leads toward perfection, the two policies must both be differentiated and integrated with each another. It is hoped that the policies and business activities of record management will soon become normalized and reformed for effective and fair release of information.

The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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