beta
(영문) 서울중앙지방법원 2018.11.13 2018고합1006

중실화등

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who resides in Jongno-gu Seoul Metropolitan Government and Jongno-gu and 101th floor (217cm wide x 120cm high x 190cm high x 190cm high hereinafter referred to as "side").

As the place of cooking is not separately provided in a room where the defendant resides, food should not be cooked using portable gas bags within the boundary of the room. Even if food is cooked using portable gas bags within the boundary of the snow room, the defendant has a duty of care to safely prepare food at a place located far away from a strong flammable, paper, suspension, etc. to prevent the occurrence of fire.

Nevertheless, on January 5, 2018, the Defendant did not put the above articles with strong inflammable in the direction of the bank, and used the portable gas stamp next to the Defendant, using it, using the portable gas stamp on the side, the Defendant left the door to the portable gas bag or the suspension being he stored adjacent to the Defendant, by negligence, who caused the Plaintiff to go far away from the portable gas bag, and later, moved the volume, paper, suspension, etc. in and around the vicinity to the entire residence.

Ultimately, the Defendant: (a) caused the death of the victim E (the 67 years of age) of the building owned by the victim D by the gross negligence as follows: (b) the amount equivalent to KRW 14,373,00 (real property 12,514,00, movable property 1,859,000) for repair; and (c) the victim E (the 67 years of age) who inhales toxicity without evacuation from the body under 102 of the same building; and (d) caused the death of the victim E (the 67 years of age) who was sent to the hospital, within the Seoul Central-gu Seoul Special Metropolitan City University’s Emergency Hospital located within 9, the 17:44 day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against F, G, D, H, I, J, K, and L;

1. On-site photographs and photographs of victims, corpse death records, identification reports on fire and death accidents in the opposite bank of C as paper, detailed reports on the handling of cases reported 112, and written appraisal of autopsy;

1. Reports of internal accidents (related to the suppression of fire and the verification of the degree of damage), investigation reports (related to joint identification), and accompanying identification photographs, and investigation reports (joint identification results);