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(영문) 대구지방법원 김천지원 2021.03.31 2021고정13
실화
Text

Defendant shall be punished by a fine of two million won.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has entered into and resided in a lease contract for a house owned by the victim C in Gyeongcheon-si Kim, Kimcheon-si.

Around 12:55 on May 14, 2020, the Defendant: (a) confirmed that the fire was completely cut out from sunrise; and (b) performed a duty of care to escape from the above place, the Defendant, despite the fact that there was a duty of care to escape from the above place, destroyed the victim E-owned land by setting off approximately seven square meters of the wall of the victim E-owned land located adjacent to D, such as approximately 45 square meters of the market price of the victim E-owned land, without properly verifying the fire extinguishing of the fire.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement C, each police statement report (including on-site photographs; hereinafter the same shall apply), report on internal investigation (including attached data; hereinafter the same shall apply), investigation report (Attachment of a certified copy of a house register) to E, and report results from field identification;

1. Article 170 (1), Article 164 (1) of the Criminal Act (hereafter referred to as "fluoring structure"), Article 170 (1), and Article 166 (1) of the Criminal Act (hereafter referred to as "fluoring structure" in this Article) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (in the case where a suspended sentence is invalidated or revoked) shows the attitude of the defendant against the mistake when he acknowledges the crime of this case, the defendant paid 3.5 million won to the victim E and expressed his intention that the above victim does not want the punishment against the defendant, the victim C paid 1.7 million won to the victim C or more to the investigative agency, the defendant paid 1.7 million won to the victim C or more, the defendant has no criminal history exceeding the same kind of crime or fine, and the defendant has a residential benefit.

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