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(영문) 대전지방법원 2015.04.17 2014노3085
실화등
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s misunderstanding of facts (part of misunderstanding of facts) was written down on the day of the instant fire accident, but the Defendant’s act and the fire of this case were left to 30 minutes after her complete strokeing of fire. As such, there is no causation between the Defendant’s act and the fire of this case.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, the lower court’s determination that the instant fire accident occurred by the Defendant’s negligence is justifiable, and there was no error of law that affected the conclusion

1) From around 10:00 on the day, the Defendant had been engaged in the Defendant’s work of carrying a fry in the Defendant’s Go-gu dry field. The time between the time when the Defendant left a river and the occurrence of the instant fire is under time interval. 2) The witness of the instant fire stated that at the time of the fire, the witness of the instant fire had a fright to the lower side and the upper side of the Defendant’s Go-gu dry field. In light of the direction of the wind at the time and the wind intensity, the Defendant’s Go-gu dry field appears to have a frighted point.

3) There is no possibility of fire other than the possibility that the Defendant’s remaining fire remains without completely extinguishing the fire. (B) As to the allegation of unfair sentencing, the Defendant’s responsibility is not somewhat weak in light of the following: (i) the instant fire that occurred by the Defendant’s negligence, causing approximately KRW 10 million to the victim D due to the instant fire that occurred by the Defendant’s negligence; and (ii) the victim did not fully recover from damage.

2. On the other hand, on the other hand, the case was that the aged defendant tried to set a fire to get a knife while cultivating the aged horse and living in the short section of the river, and destroyed it by negligence, but the case was about a flife.

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