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(영문) 서울북부지방법원 2016.05.18 2016고단250

중실화등

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

On April 25, 2015, around 23:50 around 23:50, the Defendant entered the residence located in the first floor, Gangnam-gu Seoul Metropolitan Government, Seoul, with the victim D and drinking alcohol. The Defendant continued to drink in the inside room, and 4 fleleleleddle fledleddle fleb, etc., in order to bring about an atmosphere in the process of continuing drinking in the inside room.

At this point, there was a strong influence, so there was a strong influence, so there was a risk of fire because the defendant et al. al. dlelights over the candlelight in the event that the defendant et al. al. al. dlelights, so in such a case, the defendant was obliged to completely dlelights before

Nevertheless, the Defendant neglected to do so and made a candlelight, which was over 06:00 on April 26, 2015, up to 06:0 on April 26, 2015, spread to the entire residential area through remote areas and beds, etc., the Defendant, together with the Defendant, caused the death of the said victim D, who d who inhaled the toxicity without being faced with the Defendant, by image or quality, etc., and caused approximately KRW 14 million to repair the building owned by the victim E.

Accordingly, the defendant caused the death of a person due to gross negligence, and at the same time destroyed a building used for a person's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of fire reporting-related Acts and subordinate statutes;

1. Articles 171, 170 (1), 164, and 268 of the Criminal Act concerning facts constituting an offense;

1. Supreme Court Decision 2014Do12810 Decided December 11, 2014 (the lower court has a relation between the crime of gross negligence and the crime of practical negligence)

We affirm the judgment)

1. Sentence of a imprisonment without prison labor for the option of a punishment by gross negligence: A imprisonment without prison labor for not more than five years or a fine not exceeding 20 million won by imprisonment without prison labor for the commission of a fine: A person who has been aggravated for one year and six months by imprisonment without prison labor for the commission of a credit cooperative: (1) gross negligence of the defendant (influence of a person on his/her flat fluoral surface), and