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(영문) 전주지방법원 2020.10.20 2020고정241
실화
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person operating C by leasing a warehouse in Kim Jong-si B.

On October 14, 2019, around 16:30 on October 14, 2019, the Defendant: (a) disposed of this warehouse in C warehouse located in Kim Jong-si, and retired wastes from the warehouse next to the warehouse.

In such cases, the defendant has a duty of care to ensure that fire does not occur by ascertaining whether it was completely destroyed by incinerated garbage when incinerated.

Nevertheless, the Defendant neglected this and moved fire remaining in the garbage, which was incinerated by the negligence of entering the office, to the wall board of the warehouse. On the same day, around 17:14, the Defendant destroyed the real estate owned by the Defendant and the movable property owned by the Defendant worth KRW 32,205,00 in total, KRW 217,195,00 in total, and KRW 217,195,00 in total, and KRW 46 square meters in total.

Accordingly, the defendant caused public danger by destroying the general structure owned by others by negligence, and by setting fire to the general property owned by himself.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on occurrence, to send data requesting cooperation in investigation, to conduct on-site inspection of a fire accident, and to replys;

1. Articles 170 (1) and 166 (1) of the Criminal Act for the crime concerned, and Articles 170 (2) and 167 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment of a punishment prescribed for the crime of loss due to a fire by general property owned by another person heavier than the crime)

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is the primary element of the crime of realization that a person who suffered the largest damage due to the instant accident is the defendant

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