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(영문) 대전지방법원 서산지원 2015.07.10 2015고단128

중과실치사등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 10 or 11 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On August 2, 2012, the Defendant: (a) obtained the victim E’s cellular phone 1, 1, 1, and 30,000 won of the market price at which the victim E was deprived while boarding a car in front of the “D” located near the Si of Jinjin-si; and (b) did not take necessary procedures such as returning it to the victim after acquiring the 1,50,000 won of the market price in which the resident registration certificate was located; and (c) embezzled it with the Defendant’s thought to have.

2. The Defendant who caused gross negligence is a person who was in a relationship with the Victim F (F, 56 years of age).

From January 11, 2014 to 06:00 on the following day, the Defendant: (a) locked with the victim at the inside of the Defendant’s residence located in J in J, and (b) putting the heating by using the electric ledger and electric rail in the said residence, and (c) putting the Defendant with a steel powder as a stop for the reason that the victim was shot down the drilling, and (d) putting the charcoal in it into heating.

In the case of burning charcoal in an sealed space like inside the room, it may cause a fire to the surrounding area of the fire, or a fatal effect on the life or body of the person inhaled smoke due to the occurrence of toxic gases, such as sulfur oxide, etc., and in the case of not ventilation through the burning of charcoal, the concentration of sulfur oxide generated at the time of burning shall be 0.01% (10 pmm) and may cause a person's death by causing a addiction to the oxygen, and such facts can be easily predicted in general.

Therefore, the defendant, who has maintained residential heating, has a duty of care to prevent accidents in advance due to the removal of fire, removal of smoke, etc. by checking the burning condition of charcoal, and so on.

Nevertheless, there is a need to do so.