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(영문) 서울동부지방법원 2020.09.23 2020고단499
실화등
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2019, the Defendant, at around 16:30 on November 17, 2019, entered the toilet in order to turn on a shower line in front of the movement while opening the window. At the same time, there was a tent of a tent at the same time, and the string line was installed while the window was opened, and it was possible to contact with the electric column by the wind.

In this case, the defendant has a duty of care to take necessary measures, such as extinguishing all of the electricity lines or moving electricity lines to a remote place from the walking.

Nevertheless, by negligence that did not take any measure against this, the Defendant put a stud above the above studs by the heating of the electricity disaster around that time, and caused the Defendant to have his residence and the corridor 4 and 5th floor of the same studs, and destroyed a structure of approximately KRW 180,000,000 in total of the market price.

2. On November 17, 2019, the Defendant caused a fire by negligence as referred to in paragraph 1, and thereby caused a large amount of postponement, and caused the death of the victim E (the age of 88) residing in the above lending D to the victim E (the age of 88) at the G Hospital located in Gangnam-gu Seoul F, Seoul to the death of the fire at the G Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police investigation report (in addition to emergency medical services log - including emergency medical services log) on the police testimony of H, investigation report (in the presence of the emergency medical services log), field photo, repair expense estimate (written claim) on the case of the fire fighter B multi-family house in the dispatching wave B, investigation of the accident at the scene of the fire, and autopsy appraisal report to H;

1. Article 170 (1) and Article 267 of the Criminal Act applicable to the facts constituting the crime;

1. Each of the crimes of this case under Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crime of death without heavy negligence) falls under a case where several crimes are committed by negligence, and thus, the crime of loss by negligence and the crime of death by negligence are in a relation of conceptual concurrence.

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