beta
(영문) 수원지방법원 2017.09.14 2017고단5226

실화

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 16, 2017, at around 13:40 on June 16, 2017, the Defendant smoked tobacco in front of the C factory located in Sungsung City B, and destroyed a fire by negligence that caused a fire on the said materials to the E-factory owned by the victim D, which is adjacent to the said C factory, and caused the fire to spread to the E-factory owned by the victim D, thereby extinguishing property worth approximately KRW 2.26 million, such as the above E-factory building, within the factory, and machinery and finished products within the factory owned by the victim F, and destroyed property worth KRW 350,000,000,000,000, such as the above C factory building, within the factory, and finished products within the factory owned by the victim F, and damaged the glass window, etc. in excess of KRW 4.577,570,000,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. A report on the results of field identification, the results of identification of the external fire incident of a factory, the analysis of black stuffs, and the closure photographs;

1. Fire certificate personnel;

1. Written estimate for repair of vehicles;

1. Application of Acts and subordinate statutes to analyze the results of digital evidence analysis, and CCC Team restoration image;

1. Articles 170 (1), 164, and 166 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the place where the instant fire occurred for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the material quality of the goods handled at the factory or adjoining factory to which the Defendant belongs, the cause and process of the fire, and the duties of the Defendant at the time of the Defendant’s seal, the degree of the Defendant’s breach of duty of due care

subsection (b) of this section.

In particular, the result of the crime was significant enough to exceed KRW 2.6 billion, and the damage was not completely recovered until it was.

However, even as the defendant tried to cut a boat in a normal way, it is not completely taken out between the defendant and the defendant's unable to become aware.