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(영문) 광주지방법원 2016.04.27 2015고단4631

실화

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was a person who had worked for the “department C” in G and 303, and the victim E is a person who operated the “F Music Institute” in 305 of the above building.

The Defendant, as there is no space for smoking tobacco, has been smoking tobacco in an external beer that is connected to the pertinent music education institute with the victim’s permission. After smoking tobacco, the Defendant had a duty of care to prevent the occurrence of a fire in advance by completely extinguishing cigarette butts, which could not remain in weather.

Nevertheless, the Defendant neglected this due to negligence, from November 25, 2014 to around 11:11 of the same day, sent tobacco from the outside beer of the above music institute to the garbage bag with the flabing fat with the remaining flab, and caused a fire in the garbage bag due to the occurrence of a fire in the garbage bag.

The market price was approximately KRW 12,100,000,000 in total due to air conditioners, walls, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Written estimate of construction cost;

1. Investigative reports (faging off the CCTV screen), investigative reports (on-site external photographs, etc.), notification of the results of appraisal of the fire incident (faculing garbage bags), investigation reports on the fire site, and investigation reports (report on the confirmation of the amount of damage);

1. Application of Acts and subordinate statutes governing the list of damage;

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

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

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Act of the Provisional Payment Order

1. 주장의 요지 피고인 및 변호인은, 이 사건 화재발생 무렵에 담배를 피우러 간 것은 인정하나, 담배를 피우려고 갔을 때 재떨이에 이미 담배 꽁초가 수북히 쌓여서 그것을 모두 비운 다음에 담배를 피우고 비워 진 재떨이에 자신이 피운 담배꽁초를 비벼 껐기 때문에 이 사건 화재의 원인을 제공한...