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(영문) 전주지방법원 2020.07.23 2018고합275
현주건조물방화
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 a person who is living by leasing the victim C's stude-E, which is located in Geumcheon-gu Seoul Metropolitan City.

On July 1, 2018, at around 19:00, the Defendant dried alcoholic beverages in the above stude E, and dried the cigarette butts, and discarded the cigarette butts at a safe place. Even though the straw of the cigarette butts must be discarded completely, the Defendant disposed of the cigarette butt without completely extinguishing the straw, and locked while under the influence of alcohol.

Due to the above negligence of the defendant, the clothes, paper stuffs, etc., which had been flicked in the beginning of the cigarette butts around that time, were put to flick, and measures such as the floor and the wall of the fire have been flicked.

In the end, the defendant and the lessee 24 households used the above studio as a residence, which is the victim's property, destroyed the above studio in a way that is equivalent to 1,725,440 won for repair costs.

Summary of Evidence

1. The defendant's legal statement (the 11th court date);

1. Statement to C by the police;

1. Inquiries inquiry table;

1. Application of Acts and subordinate statutes, such as photographs (Evidence List 6, 15), receipts;

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

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

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repents most of his/her crime and reflects his/her crime, and that the defendant has no record of criminal punishment.

However, there is a need to strictly punish the Defendant in that the instant fire that occurred in a building used by 24 households as a residence could cause a number of casualties, and the fact that the Defendant did not appear to have agreed with the victim or have not compensated for the damage, and the Defendant’s age, character and behavior, family environment, motive and consequence of the instant crime, and circumstances after the crime are considered as a whole, and the punishment is determined as ordered.

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