Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant is a person who operates C in Jeonju-si B.
On May 6, 2018, at around 10:45, the Defendant carried garbage in the drum in front of the above C, and left the site in a state of sacrific.
At the time, wind was strong to 5.0m/s. On the back of the drum, there were many combustible materials, such as paper stuff, and low-resistant storage in which food materials, etc. are stored next to the drum, and thus, there was a possibility of extinguishing fire by fire. Therefore, in the event of burning waste in the above place, the fire completely turns off and leaving the site, despite the fact that the Defendant neglected to do so and left the site, he did not turn off the fire and left the site.
Around that time due to the foregoing negligence, the Defendant destroyed food materials, etc. equivalent to KRW 7,550,000, market price of the victim D’s store owned by the Defendant, which was moved to a paper stuff and a low temperature warehouse, and KRW 18,158,250.
Accordingly, the defendant destroyed the general structure owned by others by negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Investigation reports (related to on-site situations, etc.);
1. A report on investigation (related to attachment of a report on fire reduction);
1. Investigation report (Submission of a fire proof certificate and a written estimate of damage);
1. Application of Acts and subordinate statutes concerning investigation reports (ctv video-related Acts and subordinate statutes);
1. Article 170 (1) and Article 166 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant misleads the defendant; (b) the preparation was made for the occurrence of a fire by putting the wastes out into water in the vicinity; (c) the degree of violation of the duty of due care is not much serious because the fire was found to have occurred due to rain caused by strong wind; and (d) the scale and details of the damage, the age, sex behavior, environment, etc. of the defendant; and (e) the punishment shall be determined as ordered, taking into consideration all the circumstances that form the conditions for sentencing,