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(영문) 의정부지방법원 2020.01.09 2018노3358

실화

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles revealing that the Defendant: (a) laid down one paper gambling in the drum at the time of the instant retirement and confirmed that the fire was completely cut out; and (b) accordingly, it cannot be recognized that the Defendant violated the Defendant’s duty of care, such as the facts charged in the instant case; and (c) there is no proximate causal relation between the act of incineration of paper gambling and the occurrence of fire in the instant case, the lower court convicted the Defendant of the facts charged in the instant case. In so doing, the lower court erred

(b) The imposition of a fine of five million won or more (the initial trial is a fine of five million won or more);

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant argued to the same effect as the reasons for appeal in the lower court. The lower court: ① from 18:00 to 18:50 on the day of the instant case, the Defendant was unable to drums, etc. in front of the container storage located in D, which is the place where the instant fire occurred; at the time, the Defendant was at least half of the drums where the drums in which the drums, etc. were loaded, was without a roof; the front and lower sides of the drums were built, and the remaining drums remain, and thus, it appears that the above drums could have easily drums and fires inside the drums; ② based on the above drums, the storage was located in the front door of the container, the left side of the container, and the drums and 290cms of the drums on the left side of the drum on the drum and the 2nd of the d fire investigation.