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(영문) 전주지방법원 2017.11.10 2017고단1696
실화
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a worker of E Co., Ltd. operated by D in Kim Jong-si.

On June 4, 2017, around 11:45, the Defendant retired wastes from the house in the place of incineration located near the above company. At the time, the said incineration site was adjacent to the above company's factory, cargo storage, etc. owned by D, and thus, there was a duty of care to confirm the complete progress of the said factory, etc. in order to prevent the fire from spreading if the Defendant disposed of waste and left the site.

Nevertheless, the Defendant neglected this and caused the fire of the above incineration site to be moved to the above factory of the party, the lower court, as well as the lower court, on the ground that the fire of the above incineration site was around KRW 350,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. A report on the occurrence of a fire;

1. Each internal investigation report (the search and investigation of witnesses of a fire or first witness, and the closure of images provided in KT telemons);

1. Each investigation report (to take photographs around a incineration place and attach image data);

1. Application of Acts and subordinate statutes to investigation records on fire accidents;

1. Article 171 (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. There are instances where the Defendant acknowledged the instant crime for favorable reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant has no record of having received criminal punishment for the same kind of crime.

The reason is that the fire exceeds KRW 300 million due to the deterioration, and the damage has not been recovered.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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