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(영문) 수원지방법원 2016.07.14 2016고정1162
실화
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 5, 2016, around 17:00, the Defendant sought to load waste, such as styp, vinyl, suspension, etc., from the hot-water factory of the victim C, which is located in the hot-water B.

Even if intending to load waste with fire, there is a duty of care to prevent the occurrence of fire by moving waste to another place.

Nevertheless, without taking any fire prevention measures in a large wind, waste was loaded to the seat of the victim (2,00 square meters) 5 meters away from the wind due to the defendant's negligence while the fire attached to the waste was moved to the seat of the victim (2,00 square meters).

Accordingly, the defendant set fire by burning the victim's room with the estimated cost of KRW 90,000,000,000 in the estimated cost of the opening of the repair works of the facility and the automation facilities installed inside the room, boiler, and pande panty pans.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. The time limit (D plastic houses) following a request for cooperation in the investigation affairs;

1. Written estimate;

1. On-site photographs [it is alleged that the boiler was destroyed by fire], but according to the evidence above, the boiler installed in the said fire was destroyed by fire.

B. The defendant asserts that the market price of the destroyed object cannot be recognized as 90 million won. In relation to the market price of the destroyed object, since there is a lawsuit seeking damages against the defendant with respect to the market price of the destroyed object and the civil lawsuit is underway, the specific amount of damages should be determined through the above lawsuit. The market price of the destroyed object in a criminal trial is nothing more than that of sentencing to confirm the extent of damage or the degree of damage, etc., and the damaged person requests an estimate of 90 million won to repair the destroyed object to the company of the transmitted forest, and received an estimate of 90 million won.

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