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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1459

실화

Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is operating a formal business in the name of “C” in the north-gu building B at port.

In the course of operating the above restaurant, the Defendant used a water tank, which is a heating device that makes it possible to increase the temperature of water contained in water in the water tank to prevent the death of fish, and was temporarily closed until December 5, 2018 on December 20, 2018.

In such cases, the users of the above heat devices have a duty of care to prevent fire by blocking currents of the devices.

Nevertheless, the Defendant neglected this and set up the heat of the above water tank to put the heat department or a nearby inflammable substances by continuously heating the heat of the water tank, while leaving all of the water tank, and caused the Defendant to put the heat department or a nearby inflammable substances. On December 5, 2018, around 01:10 on December 5, 2018, the fire, as seen above, moved the three commercial buildings in the D market, which is a building for the public interest, and the 15 cafeteria restaurant, owned by E, etc.

Ultimately, the Defendant, by the foregoing negligence, destroyed 3 commercial buildings and 16 restaurants, which are buildings operated by 19 merchants and operated by 186,722,000, as shown in the attached list of crimes, and suffered damages equivalent to KRW 186,72,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, E, I, J, K, L, M, N,O, Q, and R;

1. Each statement;

1. Each investigation report (investigative records, 1: 82 through 135 pages, 167 pages, 2, 187 pages), each internal investigation report (investigative records, 2° 121 pages, 140 pages, 153 pages);

1. Each appraisal report, each identification review report, response to the results of identification at a fire site, records as a result of inspection of each electric facility, drawings at a fire site, and reports on the results of inspection of functions of fire-fighting systems, etc.;

1. Application of each statute on photographs;

1. Articles 170(1), 165, and 166(1)1 of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts.