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(영문) 의정부지방법원 2020.09.24 2020고정1092
실화
Text

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

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

Reasons

Punishment of the crime

On May 2, 2020, the Defendant, at around 08:07, prevented tobacco from smoking in the Korean Government-Si B apartment C's dwelling area of the Gyeonggi-si.

A person who smokes a cigarette has a duty of care to prevent the occurrence of a fire due to a shot, such as smoking a cigarette and discarding a cigarette butts completely, and if a shot remains, he/she has a duty of care to prevent the occurrence of a fire due to a shot, such as discarding a cigarette butts after all removal of the shot.

Nevertheless, the Defendant neglected this and laid the tobacco butts that remain fluently in the waste box in the above berada, thereby moving fluoring them into the garbage. The Defendant continued to fluorize the foregoing residence, and 8m2, such as beer, beer, beer, beer, beer, 15m2, and 15m2, 1m2, and 1m2,000,000 square meters of the residential outer wall of D located on the upper floor of the above residence, thereby making it difficult for the Defendant to look at the repair expense.

Accordingly, the defendant destroyed a building used as a residence by the person by the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a fire site inspection report;

1. Articles 170 (1) and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant is aware of the crime of this case and reflects it.

Unfavorable circumstances: On January 29, 2020, the Defendant was prosecuted for committing a crime that thrown away tobacco butts, which did not completely impruded on the paper cup, and ran away from it, and the Defendant was sentenced to a fine, and finally became final and conclusive.

(J) On January 29, 2020, the Defendant committed the instant crime again on May 22, 2020, even after around four months have passed since the Defendant committed the instant crime on January 29, 202, and the damage resulting from the instant crime.

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