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(영문) 제주지방법원 2016.11.07 2016고단592

실화

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 16, 2015, the Defendant drinked alcoholic beverages at the new wall time, and laid a cigarette at C and 301, which is one of his dwelling places, and then laid the cigarette at a plastic garbage bag that is located adjacent to the shock, in the state that the cigarette butts are not completely cut off.

Due to the above negligence of the defendant at around 01:03 on the same day, the fire remaining in the front of the cigarette butts became extinct, and the dwelling of the defendant was spreaded.

As a result, the defendant destroyed the living room of 301 residing with the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (attaching a report on the results of field identification);

1. Investigation report (to cope with the scene of the Jeju Fire Fighting Force and to attach a report on the results of fire investigation);

1. Report on internal investigation (attaching the result of appraisal on the smoke concerned);

1. Reports on internal investigation (additional attachment of field photographs and investigation related to the assertion of suspect);

1. A report on internal investigation (Attachment of field photographs);

1. Results of fire appraisal by the National Scientific Investigation Institute;

1. 112 Application of Acts and subordinate statutes on the 112 Reporting Case List (seven pages of evidence records);

1. Articles 170 (1) and 164 of the Criminal Act applicable to the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was committed in this court and recognized the facts charged in this case; the defendant made efforts not to cause harm to human life by shouldering other residents of the building where the fire in this case occurred; the fire in this case does not spread to another place of the building; the building owner received fire compensation from the insurance company; the defendant seems to have been in response to the above insurance company's claim for indemnity, etc.; and the defendant appears to have suffered considerable damage, such as loss of his/her residence as his/her residence was destroyed by a fire. The sentencing example in similar cases, the defendant's age, character and conduct, environment, the circumstances leading to the crime in this case, and the result of the crime.