On December 20, 2011, the Defendant 06:40 on December 20, 201, while being drunk from the 2nd floor 213 room operated by the victim D in Yangcheon-gu Seoul Metropolitan Government, the Defendant wrap tobacco.

There is a duty of care to prevent the occurrence of a fire in advance by dumping the cigarette butts to a person who smokes a cigarette at a safe place, such as a narrow announcement of about 5 square meters, because it is highly likely that combustible materials, such as Is disturbed, newspapers, gambling, etc., and there are many people living in a narrow corridor within the public announcement source.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop cigarette but did not properly stop cigarette but dump on the floor, caused a significant negligence that was locked to the floor, and caused a fire to move to the floor board of the above 213 floor of the above dump in the dump that remains at around that time, and caused the fire to spread to the above dump room 213 inside the above dump and the corridor of the above dump.

As a result, the Defendant, by gross negligence, destroyed the internal facilities of the announced source equivalent to KRW 30 million owned by the victim by having the above announced source 213 inside the above announced source, and destroyed the internal facilities of the announced source equivalent to KRW 30 million, which are owned by the victim, and at the same time, the victim F.(the age of 62) who was divingd in the above announced unit 202 caused the Defendant to inhale smoke and toxic gas caused by the fire, thereby causing death.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and D;

1. A death certificate;

1. A written autopsy and appraisal;

1. Responses with identification at the fire site;

1. Investigation report (related to the confirmation of details of damage inflicted on the victim D);

1. Investigation report (related to the details of the direction of the prosecutor);

1. Application of statutes on the scene of damage and photographs of victims;

1. Article 268 of the Criminal Act (the point of gross negligence resulting from death), Articles 171, 170(1), and 164 of the Criminal Act concerning the crime;