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(영문) 울산지방법원 2021.01.20 2020고정791

실화

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On May 11, 2020, the Defendant smoked in the “C” cafeteria building on the first floor of the Nam-gu Seoul Metropolitan Government building B, Ulsan-gu, Seoul Metropolitan Government, and led to the smoking of a cigarette.

At the same time, they have accumulated inflammable substances, such as strokes and strokes, so in such a case, the defendant has a duty of care to prevent fire by completely extinguishing a cigarette.

Nevertheless, as long as the Defendant neglected to do so, the Defendant’s negligence, without checking whether the strokes were broken off in the direction of separate collection of goods, such as strokes, and then strokes, and without checking whether the strokes were completely worn out, the strokes, etc., affixed by the Defendant’s strokes, were transferred to the above “C” building’s outer wall, the building outer wall, and the parked vehicle.

Ultimately, the Defendant, by such negligence, destroyed the building of Ulsan-gu B owned by the victim D to repair KRW 170,00,000,000,000 for the same building owned by the victim E, destroyed the building of the same Gu F to repair KRW 74,00,000,00. The victim’s market price is equivalent to KRW 5,00,000,000,000,000,000,000 for the market price owned by the victim G, and the non-permanent air conditioner, air conditioner, air conditioner, and food material equivalent to KRW 15,924,750.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement G, each police statement E, D, G, and I written statements to J, and (CCTV image analysis) investigation report (in relation to attachment of a written estimate for damage), investigation report (in relation to the estimate of damaged vehicles owned by G), on-site inspection report (in relation to the estimate of damaged vehicles owned by the Victim G);

1. Articles 170(1), 164(1) (the current occupancy of a building), 170(1), and 166(1) (the occupancy of a motor vehicle owned by another person) of the Criminal Act concerning the facts constituting an offense under the relevant provisions of the Criminal Act, and Articles 170(2) and 167(1) of the Criminal Act (the occupancy of a motor vehicle in possession of another person);

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.