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(영문) 대전지방법원 천안지원 2019.03.26 2018고정861
실화
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a worker in daily employment.

around 19:00 on June 20, 2017, the Defendant, at the victim C-owned farm located in Dong-gu, Nam-gu, Dong-gu, Dong-gu.

In such a case, since the flames that occur at the time of contact are likely to be protruding to other inflammable substances, it is difficult to pay attention to the prevention of fire by spreading water or installing a fire-proof spreading, etc. in a place where the flames are protruding, even though the fire is obligated to do so, the fire-fighting fire that occurs at the time of contact was put to the vinyl, etc. by negligence, and the fire-fighting that occurs at the time of contact was destroyed to the entire 11 operation of the plastic house (the amount of damage caused by fire-fighting, which is KRW 81,643,00).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to field photography photographs and investigation reports (related to fire field survey reports);

1. Articles 170 (1) and 166 of the Criminal Act applicable to the facts constituting the crime;

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

1. In the event that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is being executed on the grounds of sentencing, the degree of fault of the defendant who performed the melting work can easily be anticipated to be fire due to inflammable substances such as vinyl, but without taking appropriate measures to prevent the occurrence of fire, it is not easy that the degree of negligence of the defendant who performed the melting work can be easily anticipated.

The scale of damage caused by fire seems to be reasonable, and the defendant did not give guidance by restoring the victim's property damage.

However, the fact that the defendant is elderly and is a recipient of basic living is favorable.

Other circumstances revealed in the trial process, such as the age, character and conduct, environment, background of the crime, and circumstances after the crime, shall be determined as per Disposition.

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