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(영문) 광주지방법원 2019.01.17 2018고정1269
실화
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is living together with his family members at a different place while operating Gwangju Northern-gu B and C.

After the Defendant installed a forest boiler in the said car center, the Defendant neglected his duty to clean the smoke connected to the forest boiler on a regular basis in order to use the said forest boiler, and to manage the inflammable substances in the surrounding areas, such as loading and leaving the flammables onto the said center.

At around 21:10 on May 8, 2018, due to the Defendant’s negligence caused by the heat above, the entire building of 160 square meters per floor area of the steel-frame sand position panel in the assembly type with walls and a ceiling attached to the paper stuffs loaded around the said wood boiler.

Ultimately, the Defendant: (a) destroyed a 15,838,800 square meters at the market price, such as a house straw, etc.; (b) destroyed a 35,000,000 square meters at the market price of the instant building lessee’s H (E), which is owned by the victim F (E) of the said building; and (c) destroyed a 160 square meters of the total floor area, which is owned by H (E, the owner of the said building)’s 20,040,000 square meters at the market price, which is owned by the victim of the said building; and (d) destroyed a building that is owned by the said H (E), the owner of the said building, the main owner of which is the 59 years old building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, H, D, and F;

1. Situation report;

1. Application of investigation reports (related to the report on fire site exit and the attachment of a fire site investigation report), investigation reports (related to the attachment of a report at the time of fire site identification results), investigation reports (related to guidelines for the use of a fire boiler and whether the suspect's negligence is involved), investigation reports (related to the calculation of the amount of damage and the submission of a written agreement) and statutes;

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

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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