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집행유예
(영문) 서울북부지방법원 2017.8.30.선고 2017고단945 판결

과실치사,실화

Cases

2017 Highest 945 Fruits, fluorts

Defendant

A person shall be appointed.

Prosecutor

○○ (Lawsuits) and ○○ (Public Trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

August 30, 2017

Text

Defendant shall be punished by imprisonment without prison labor for up to six months, by a fine of up to 2,00,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

except that the execution of the above imprisonment without prison labor shall be deferred for two years from the date this judgment becomes final and conclusive.

Reasons

Facts of crime

From April 25, 2015, the Defendant: (a) from around April 25, 2015, ○○○○○○○○○○○ road owned by the victim B ○○○○○○○○○; (b) ○○○○ 201 studio on the wall; (c) displayed a day-type multi-use container on the wall; and (d) linked multiple household appliances to the container.

In such a case, when using a cable of a multi-modal outlet is plucked, an excessive pressure may occur if it is used, and a fire is likely to occur as an excessive electric resistance occurs in the area of a sloping, etc., the user of a multi-modal outlet shall take necessary measures, such as using a multi-modal cable in a state where it is not plucked or plucked.

Nevertheless, on December 6, 2016, the Defendant violated the above duty of care and caused continuous pressure to electric wires, plplicated by plucking, beer, etc., and destroyed the above studio 201, a structure owned by the victim B, which string down due to joint lines, etc., and around the same time, the Defendant destroyed the studio 201, a structure owned by the victim C residing in the above 203 of the above studio 203, where he inhales poisonous gases caused by fire and takes medical treatment on the 21st place: OOdong OOO - OOO - OO OO - a video and spick, etc., causing the death of the victim and the injury caused by the long-term injury and the injury of the spheric acid caused by the sphere.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on ○○○ and ○○○;

1. A death certificate;

1. A report on internal investigation (the result of appraisal by the National Institute of Scientific Investigation);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 267 (Selection of Imprisonment without prison labor)

1. Punishment for concurrent crimes;

The former part of Article 37 and Article 38(1)3 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(2) and (1) of the Criminal Act provides for punishment as ordered in consideration of the fact that the negligence of the defendant was weak, the fact that the death of the victim occurred, the age, character and conduct, intelligence and environment of the defendant, the relationship to the victims, the result of the crime, the circumstances after the crime, etc.

Judges

Judges Lee Jong-sung