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(영문) 부산지방법원 2015.01.22 2014고정5290

실화

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. in Busan District Court on September 19, 2014 and the judgment on December 6, 2014 became final and conclusive.

At around 23:30 on July 2, 2014, the Defendant entered the second floor, which was a space for a long time among the first and second floors owned by the Victim C in Yangsan-si, and attached a single-use gaser who was he stored in the living room at that place, in mind, was able to avoid drilling.

In such cases, the defendant should pay attention to the failure of the fire due to the laying of oil in the surrounding areas, but it should be seen that the fire can be cut down in a timely manner, and running away of the building as it is.

Due to the above negligence of the Defendant, the fire attached to the paper was spreaded to the entire 6.8 square meters of the total floor area of the building 66.8 square meters of the 2nd roof bricks through the living room and other rooms.

In the end, the Defendant destroyed the two-story housing owned by the victim C by setting the total amount of KRW 31 million at the market price of the two-story housing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the results of field identification, on-site photographs-fire identification;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

1. Articles 170 (1) and 166 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;