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(영문) 부산지방법원 2018.02.07 2017고단6202
실화
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 24, 2017, the Defendant, as the owner of the factory building B located in Busan Geum-gu, and around 16:22 on June 24, 2017, performed adjoining work to connect and fix the steel frame in the ceiling while performing roof repair work within the building.

In such cases, as the fire is highly likely to occur because the flames that occur in the course of the contact work are protruding around, the defendant who is engaged in the contact work has a duty of care to prevent the occurrence of fire by installing a flame blocking system by preventing the fire from protruding to another place, etc., and by taking measures such as preparing fire extinguishing equipment in advance.

Nevertheless, the Defendant neglected this and caused a fire to be removed from the roof of E’s material storage, which is a building adjacent to the Busan Fransh-gu, the Busan Fransh-gu, by neglecting it, without taking any specific measures without installing a flame stop, and by neglecting it, destroyed one of the materials storages of the above factory.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Report on the results of field identification and the application of the statutes of the Fire Certification Board;

1. Article 170 (1) and Article 166 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a bad in consideration of the following facts: (a) the Defendant destroyed one of the materials storages of a factory owned by the victim as above; and (b) even though considerable damage to the realization of this case occurred, the Defendant did not compensate for such damage.

However, the sentencing conditions that are shown in the arguments of this case, such as the defendant's sex, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., are against the defendant, and there are no criminal records of the same kind.

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