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(영문) 울산지방법원 2019.09.17 2019고정390
실화
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the tenant who resides in the victim B's house.

On February 11, 2019, at around 10:40, the Defendant smoked tobacco at the inside of the victim's house located in Ulsan-gun, Ulsan-gun, and discarded the cigarette butts. Although the fire of the cigarette butts should be entirely disposed of in a safe place, the Defendant discarded the cigarette but did not extinguish the shot and throw away it into the open door.

Due to the above negligence of the defendant, the paper was put to be fluor under the bottom of the fluor, and the fire was once 130.5 square meters in total floor area of the building, including one prefabricated sand location, through walls and ceilings.

Accordingly, the Defendant, by negligence, destroyed all 1 units of housing owned by the victim B (ma, 57 years old) with a market value of KRW 135 million.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made against D and B;

1. Application of Acts and subordinate statutes to report internal investigation (in cases of attaching photographs at the site, attaching reports on results of field identification, and submitting written estimates);

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) that acknowledges the defendant's mistake, the fact that the defendant agreed smoothly with the victim during the investigation process, the defendant suffered a big injury due to the accident in this case, the living in the place of others was placed in a difficult situation due to economic and mental weakness, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, character, conduct and environment, circumstances after the crime, crime records, etc.);

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