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Reasons
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(영문) 수원지방법원 여주지원 2016.11.21 2016고정268
실화
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employee at the “C” restaurant located on the third floor of the building B in Leecheon-si.

On January 22, 2016, at around 12:10, the Defendant smoked a cigarette in the cafeteria of the above restaurant, and discarded the cigarette butts. Although the cigarette butts should be discarded completely at a safe place, the Defendant discarded the cigarette but did not completely turn off the cigarette but went into the cafeteria, and then returned to the cafeteria again.

Around that time due to the Defendant’s negligence, a string in the early cigarette butts were put to a string, cigarette butts, etc. inside the said cafeteria operated by the victim D via the wall of the victim D around 12:50 on the same day, and the string up to the “F restaurant” operated by the victim E with the wall outside the building and the “H” restaurant operated by the victim G.

Ultimately, the Defendant: (a) destroyed the above building by setting fire to the victim E in an amount equivalent to KRW 193,190,000; (b) equivalent to KRW 177,104,163 to the victim D; (c) equivalent to KRW 128,00,000 to the victim E; and (d) the cost of artificial test work equivalent to KRW 39,50,000 to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. A written statement of I;

1. A report on the occurrence of a fire or a report on the results of field identification;

1. Notification of the results of fire site identification, the results of the assessment of the fire case (J-cafeteria fire case);

1. Application of the Acts and subordinate statutes to each estimate and damage evaluation statement;

1. Articles 170 (1) and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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