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(영문) 대전지방법원 2013.05.30 2013노222

업무상실화

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (2 million won of a fine) is too unreasonable.

Judgment

Although it is recognized that the defendant led to the crime of this case, and there is no record of criminal punishment against the defendant, the defendant is not guilty. Meanwhile, in the situation where the distance between the building subject to removal of this case and the new building for damage is about 2.5 meters, it cannot be deemed that the degree of violation of duty of due care is less than that of the defendant, considering the following factors: the degree of violation of duty of due care cannot be deemed to be light; the amount of damage caused by the fire of this case reaches about 97 million won; the amount of damage caused by the fire of this case reaches about 97 million won; the defendant did not agree with the victim; the defendant's age, character and conduct, environment, and circumstances after the crime, etc., it cannot be deemed that the punishment of the court below is too unreasonable. Thus, the defendant's assertion is groundless.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.