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(영문) 대전지방법원 2018.08.17 2018고정459
실화
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 10, 2018, the Defendant, at the front of the Defendant’s house located in Class B when he/she occupies a special occupation of Sejong around 16:10, had the Defendant get the Defendant to board with a waste as a throwter.

In such cases, the defendant has a duty of care to prevent fire from being moved to another place.

Nevertheless, the defendant neglected to perform the above duty of care and moved a fire to the vicinity of the waste without fire extinguishing equipment or safety measures, thereby causing public danger by setting fire a dump truck with approximately 500 square meters of all paddy fields owned by the defendant, approximately 1g of pine trees, and KRW 18 million of the market price owned by the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the provisions of any on-site photograph, comprehensive vehicle description, and written estimate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 170 (2) and (1), 166 (1) of the Criminal Act (the occupation of realizing a general motor vehicle owned by another person), Articles 170 (2) and (1), and 167 (2) of the Criminal Act (the occupation of realizing a general motor vehicle owned by another person);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the fact that the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order established a mediation to pay KRW 12 million to the victim C in order to recover damage, and that the said amount was fully paid.

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