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(영문) 춘천지방법원 2015.10.29 2015고정210
실화
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

The defendant is the employee of the D company who carries on the business by leasing part of the factory building owned by the victim C Co., Ltd. in Hongcheon Group B.

On June 14, 2014, around 18:10 on June 14, 2014, the Defendant collected wastes from behind the above factory building, and incinerated them by attaching gas bags with fire.

At the time, the defendant could easily move waste to the front of the place where garbage was incinerated by the end of 1.5m height in front of the place where garbage was incinerated. As such, the defendant had a duty of care to refrain from burning waste at the above place, and if fire was installed for the purpose of garbage incineration, the defendant has a duty of care to check whether the fire was completely cut out before leaving the place.

Nevertheless, the Defendant, in breach of the above duty of care, incinerated waste at the above location, and did not confirm whether the fire was completely cut out, left the site by negligence and caused a fire to be attached to the above end strawer by winding the wind, and destroyed the above factory building in a size equivalent to 300 million won of the market price owned by the victim by moving it to the outer wall of the factory building in a length.

Summary of Evidence

1. Defendant's legal statement;

1. Medicine map and photograph;

1. Each police statement of E and F;

1. Investigation report (Attachment, such as a detailed statement of fire loss);

1. Application of Acts and subordinate statutes to fire field survey reports;

1. Articles 170 (1) and 166 (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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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