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(영문) 대전지방법원 서산지원 2021.02.08 2020고정267
실화
Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On June 23, 2020, the Defendant, around 12:30 on June 23, 2020, had agricultural crops, etc. on the front of B at Jin-si, and left the site without completely extinguishing this fire.

The defendant, due to the above negligence, was generated by the incineration of garbage at around that time, and the burning of the fire was expanded, and the facts charged by the prosecutor, such as 1 Dong (20 square meters), 1 Dong (16 square meters), 1 Dong, 1, 1, 2-story building owned by the defendant, 1, 1, 2-story building (100 square meters), 1, 1, 1, 41 square meters in a simple warehouse owned by the victim C, 1, and 1, etc. of a high-scale steel framed building owned by the defendant were recorded in the market price by the damaged property, but the market price was calculated by the victim rather than by the objective evaluation methods, such as the estimate of appraisal or experts, but the market price was generally calculated and prepared by the victim (the victim respondeded to the opinion at this court).

Along with the fact that there is insufficient evidence to determine an appropriate market price, the market price is not an element of the establishment of the crime of realization. Thus, the market price is deleted.

The fire caused all times and the fire to cause public danger.

Summary of Evidence

1. The Defendant’s legal statement is the purport that the remainder of the facts charged except for the market price is fully acknowledged.

Witness

C To the legal statement C, a report on internal investigation of the police statement report (in relation to the on-site situation, etc.), the details of construction cost at the scene of a fire, and the application of the law to the

1. Relevant provisions of Article 170(1), Article 166 of the Criminal Act for criminal facts (the composition of a general structure owned by another person), Articles 170(2), 170(1), 166, and 167 of the Criminal Act (generally, Article 166 of the Criminal Act) concerning general buildings (Article 166 of the Criminal Act) and general goods (Article 167 of the Criminal Act) belonging to the ownership of the defendant are all destroyed by fire as a single crime. Thus, it is reasonable to treat them as a single crime.

Instigating general structures and general goods which are not prosecuted;

1. A prosecutor shall be subject to Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.

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