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(영문) 광주지방법원 2019.10.30 2019고정560
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

To the extent that it does not substantially obstruct the defendant's exercise of the right to defense, the facts charged are partly supplemented and recognized as criminal facts.

On February 8, 2019, the Defendant had been carrying with himself garbages in the vicinity of the CMa in Naju City, around 08:45 on February 8, 2019.

In such a case, the Defendant caused a fire to prevent the flame from spreading to the surrounding buildings by neglecting it, and caused a fire to be loaded into the window of a warehouse owned by D, with the ice frame, which was in a waste due to negligence, and destroyed the part of the warehouse to be repaired in KRW 6,046,00.

In the written indictment, it is also stated that the defendant destroyed the daily house worth 3,000,000 won which is kept in custody in the warehouse.

However, the prosecutor prosecuted the instant case by applying Articles 170(1) and 166 of the Criminal Act. Article 170(1) of the Criminal Act provides, due to negligence, ① Articles listed in Article 164 of the Criminal Act (any building, train, street car, automobile, ship, aircraft or mine in which any person uses as a residence, or any person exists), ② Articles listed in Article 165 of the Criminal Act (any building, train, street car, automobile, automobile, ship, aircraft or mine which is used for public use or public interest), ③ Articles listed in Article 166 of the Criminal Act (other than buildings, trains, trains, street car, automobile, automobile, ship, aircraft, or mine as defined in Articles 164 and 165 of the Criminal Act) (other than those listed in Articles 164 and 165 of the Criminal Act).

Therefore, since objects mentioned in Articles 164 and 165 of the Criminal Code, and fire-fighting parts concerning the storage of living things that do not fall under the objects mentioned in Article 166 of the property owned by another person are unnecessary, they are excluded from criminal facts.

In a case where a fire is caused by negligence, it shall be punished pursuant to Article 170(2) of the Criminal Act only when the public danger is caused thereby, and the above case shall be punished.

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