대전지방법원 홍성지원 2018.10.30 2017고정324



Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

On June 24, 2017, the Defendant, around 12:00, discarded waste at a corner of dry field owned by D, which was located in Chungcheongnam-nam Budget C.

In such cases, even though the Defendant had a duty of care to confirm the full outbreak of the suss and to prevent the suss from spreading to another place, the Defendant left the site without confirming the completely sussussussussussus. At that time, the sussus in the above sussussus were planted into a nearby dry field.

E-owned market value of KRW 18,300,000,000 were destroyed by fire.

Accordingly, the defendant destroyed a general object by negligence and caused public danger.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness F in the third public trial records;

1. Statement made by the police for E;

1. Photographs (not more than nine pages of evidence records);

1. Some of the fire site investigation records (excluding the part that the defendant made a statement);

1. In light of the investigation report (a estimate attached to a statement of damage) (the defendant confirmed that the weather was out at the time when the re-intakes it, that the wind was the direction opposite to the wind on that day, and that others frequently take waste in the vicinity of the defendant's re-intakes waste, the defendant was out of the fire of the re-infinite;

I argue that it cannot be seen.

The defendant's fire scene is the same as he/she left away.

In light of the facts stated, it was confirmed that the fluencation was taken out when the flucing was made.

shall not be deemed to exist.

The direction of wind and fire on the day shall be generally consistent.

In light of the fact that the defendant did not make a statement to the effect that other people were carrying garbage or that there was a fire due to the brushing of the defendant, it is reasonable for the defendant to recognize the facts charged on the sole basis that other people get garbage around the brush site.