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(영문) 서울남부지방법원 2018.03.29 2017노423
실화
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the defendant's wrongful sentencing) is that the victim of the crime of this case has supported the defendant who resides in the house of the victim subject to the punishment of the defendant. Ultimately, the victim should bear the fine against the defendant, the victim has expressed his intention not to punish several times, the defendant is deemed to have committed the crime of this case while suffering from severe depression for a long time, and the defendant has no criminal record. In light of the fact that there is no criminal record, the punishment sentenced by the court below (one million won penalty) is too unreasonable.

2. The judgment of the Defendant: (a) was destroyed by a fire that caused a cigarette butts in the shape of the Defendant, which had been living in the apartment owned by the Defendant; (b) the considerable part of the apartment living in the apartment that caused a fire by the negligence of throwing away in the waste bags as they were, and (c) the residents of the upper floor and the lower floor were in a situation where the said apartment can be spread to a large

In addition, the Defendant appears in the lower court that “I do not memory at any time her cigarette butts,” and that I want to avoid the responsibility for the crime.

However, the defendant recognizes the crime in the court.

In this context, the Defendant’s punishment, the owner of the apartment in which the Defendant is residing, sought to keep the Defendant’s wife against the investigative agency “the Defendant’s punishment is not imposed.” The Defendant’s punishment, etc. was recovered by paying the three treatment expenses and consolation money for the apartment residents hospitalized by duplicating the fire, and the Defendant also made efforts to prevent extinguishment and spread of damage, such as the Defendant’s own extinguishing fire immediately after the occurrence of the fire, and reporting the fire to the resident in front of the fire and having the resident in front of the fire take shelter, and making efforts to prevent the spread of the damage. At the investigation stage, the Defendant recognized the crime at the investigation stage, and there was no criminal history against the Defendant.

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