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(영문) 대전지방법원 서산지원 2015.11.27 2015고정279
실화
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 20, 2015, at around 15:30 on May 20, 2015, the Defendant: (a) had a duty of care to extinguish gas bags and prevent gas valves from being locked in the event of raining at the main gas bags of “Ecafeteria” operated by the Defendant on the first floor of the Danjin-si Ddong Building; (b) however, the Defendant neglected the duty of care to extinguish gas bags and to prevent gas valves from being locked; (c) thereby, the Defendant destroyed a total of approximately KRW 19,420,000,000, which is the ownership of the 458.5 square meters building owned by the owner of the building capital by burning the entire damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of statutes on a field fire investigation report;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The sentence of Article 59(1) of the Criminal Act is to be determined in full view of the following factors: (a) the fact that the reason for sentencing under Article 59(1) of the suspended sentence is misleading and contradictory to the fact that there is no previous conviction in the same kind of crime; (b) the damage was compensated by insurance; (c) the victim wants the Defendant’s wife; (d) the Defendant has no criminal record exceeding the fine; and

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