(영문) 전주지방법원 남원지원 2014.02.18 2013고단214

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(영문) 전주지방법원 남원지원 2014.02.18 2013고단214

실화

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

At around 11:00 on February 25, 2013, the Defendant was able to eliminate the bridge between Duals E in the instant case owned by the Defendant.

At the time, the wind was dried, and there was no wind at that time, and there was a duty of care to prevent the Defendant from moving the fire to a neighboring one because the grass is influence or crops were planted in the surrounding issues.

Nevertheless, the Defendant, while carrying one’s ridges on the other’s ridges, had the fire moved to the vicinity of the mulberry trees located within the ridges of the other’s ridges, and did not take measures to completely extinguish the fire, and did not properly confirm whether the fire was completely cut out, so, the Defendant caused the public danger by setting fire to the victim’s 8-year blue tree owned by the victim and the victim’s G, which was planted in F, on the other hand, on the ground that the fire continued to spread to the 8-year blue tree owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police statement of I and G;

1. A report on the actual condition of survey and a report on the identification;

1. Application of Acts and subordinate statutes to a report on investigation (in relation to the verification of actual amount of damage blusings, etc.), investigation (in addition to field photographs);

1. Article 170 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion lies in the fact that the Defendant moved fire to the vicinity of the mulberry trees located within the ridge between the ridges of others, but the Defendant confirmed that the said fire was completely cut to the ridges of others, and left the site, and the fire that occurred from the argument of the victim G is not caused by the fire set at the ridge between the ridges of the Defendant.

2. There is no room for a judge to be convicted in a criminal trial for a judgment.

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