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The defendant shall be innocent.
Reasons
The Defendant and C in the facts charged of this case are the employees working in the Erenck located in Gumi-si D.
On June 2, 2015, around 17:47, the Defendant and C: (a) smoked tobacco at the Erencama, and discarded the cigarette butts; (b) the remaining cigarette butts were in danger of fire due to the cigarette smoke; (c) so, the Defendant and C left the cigarette at a safe place after completely throwing the cigarette but did not completely cut the cigarette, and (d) caused waste to the aforesaid cigarette but disposed of to the waste box located in the said cigarette but caused the waste, etc. inside the said cigarette but was caused by the negligence of leaving the office, and caused the waste, etc. inside the said cigarette to be removed from the waste box, etc., and around the same day, around 18:30 on the same day, the cigarette was set up as the outer wall of the G Material Co., Ltd. located in F in the same city (total area of 314.94 square meters) through the Erenca storage tent.
Ultimately, the Defendant and C, by the above negligence, destroyed the victim H’s market value of 90,647,583 won, materials storage equivalent to the market value of 146,321,142 won, and materials equivalent to the victim I’s market value of 780,492 won, respectively.
Judgment
In light of the evidence and the written opinion presented by the prosecutor, the facts charged of this case were all remaining in the two cigarette butts that the Defendant and C left. Accordingly, the fire of this case was eventually caused by the waste, etc. in the waste bags.
According to the above evidence, it is recognized that the defendant did not properly confirm whether a cigarette butts were completely cut at the time of the abandonment of cigarette butts (the defendant also recognized this), and if the defendant left a cigarette butts, and it became the cause of the fire in this case, the defendant also cannot be exempted from the liability for the crime of fire. However, if a fire occurred due to the competition of joint negligence, at least one condition for the occurrence of the fire.