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(영문) 대구지방법원 포항지원 2019.07.24 2019고정102

실화

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 18, 2018, the Defendant had a duty of care to prevent the occurrence of fire in advance by taking measures such as preparing fire extinguishers in advance, removing combustible substances in a incombustible distance, such as vinyl on the floor, breaking a waste newspaper, etc., and covering the wall, floor, and the cresh or crepit of the duct, etc., in order to repair scrap in the above factory B, and by taking measures to prevent the occurrence of fire in advance.

Nevertheless, the Defendant did not prepare fire extinguishers in advance but did not remove combustible materials, such as plastic bags and waste newspapers, etc., which are in a incombustible distance, and without covering the wall or floor crepans without covering the wall or floor crepans, put fire into combustible materials, such as plastic bags and waste newspapers, which were generated during the process of the above work, and caused the fire to spread to the entire factory of the above factory.

Ultimately, the Defendant, by negligence, destroyed equipment and materials, such as working vehicles and materials in an amount of a total of 45.3 million won in the market price owned by the victim D, and the victim E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, D, G, and H;

1. A written statement of F and I;

1. Application of Acts and subordinate statutes concerning fire prevention, a fire site inspection report, and technical guidelines on fire prevention in the course of using contact with and on-the-spot work;

1. Article 170 (1) and Article 166 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

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