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(영문) 서울남부지방법원 2016.11.04 2015고정619
실화
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is in the process of internal interior interior interior interior interior interior interior decoration in order to open the main point of "E" in 304 of the 3rd floor in Yangcheon-gu Seoul Metropolitan Government.

On October 1, 2014, from around 01:00 to around 01:17 of the same day, the Defendant discarded the cigarette butts to a large-scale waste bag, even though it is necessary to completely turn out the fire of the beginning of the cigarette butts and dispose of the cigarette at a safe place so that the fire can not be moved to another place.

As a result, the Defendant caused by the above negligence that remains at the beginning of a cigarette butts caused the suspension, etc. of the above garbage bags, and around 01:34 on the same day, the Defendant destroyed the property in the city of the market, such as the front door of the main shop and the outer wall of the building, and destroyed the property inside the main shop of the “E”, and then damaged the front signboard, protruding signboard and the entrance signboard, the entrance gate gate 107 operated by the victim F of the 107th floor of the same building, and damaged the property in an amount of KRW 13,94,700, such as the burning of part of the flake, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Parts of the fifth trial record which are the statements of witnesses I and J;

1. The police statement of K;

1. Written statements and estimates;

1. On-site identification reports, internal investigation reports (on-site CCTVs, etc.), CCTV video CDs, fire site investigation reports, fire-proof results meetings, and the application of investigation reports (not only one witness L but also one counterpart investigation reports);

1. Articles 170 (2) and (1), and 166 of the Criminal Act concerning the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not smoke a cigarette in front of the cigarette counter, and there was no fact that he throw away a cigarette butt in a garbage bag, and therefore, he did not cause the fire in this case.

2. The judgment of this Court.

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