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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence (Defendant A: fine of KRW 3 million; fine of KRW 1.5 million; fine of KRW 1.5 million) declared by the court below to the Defendants is too unreasonable.
2. The Defendants recognized the instant crime and opposed to the mistake.
Defendant
A does not have any other criminal record except for a fine imposed for a violation of the Road Traffic Act in 1988, and Defendant B has no record of being punished for the same kind of crime.
In civil litigation due to the instant fire, conciliation was concluded, and damage was restored by N, one of the co-representatives of the “E” to which the Defendants belong, paying the adjusted amount to KRW 150 million to the victim.
However, even though Defendant A has a duty of care to take necessary measures to prevent fire in the drum to record the body in the vicinity of the warehouse building, Defendant A breached its duty of care by leaving the drums in a state where the drums are not completely left.
Defendant
B is aware that the weathers in the drum are not completely cut off, and thus, the duty of care to take fire prevention measures shall be borne, but the scarbs remaining charcoal shall be taken.
The fire of this case was caused by leaving the asphalt floor alone as it is.
The fire of this case caused serious property damage, such as setting fire to the warehouse building equivalent to KRW 250,000,000, which is equivalent to KRW 30,000.
The court below seems to have reduced the amount of fine imposed in the summary order by taking into account the above Defendants’ specific negligence degree, possibility of damage recovery, etc.
In full view of such circumstances and other circumstances as the Defendants’ age, sex, environment, occupation, background of the instant case, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable for the lower court to have imposed the Defendants.
3. If so, the Defendants’ appeal is to be made.