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

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

Punishment of the crime

The Defendant, as an employee of the “E” restaurant operated by the victim D in Dongdaemun-gu Seoul Metropolitan Government, is a person engaged in the duties, such as navigational expenses, early punishment, and the management of the ethics.

On May 2, 2015, the Defendant prepared for business at the above restaurant around 15:00, while putting booms into the brush in order to make brush the brush, and raised the brush temperature by inserting brush into the brush in order to set the brush.

In this case, the defendant has a duty of care to maintain a proper temperature by removing carbon in the event that the temperature is excessively increased by monitoring the internal thermal strength and temperature while observing the ethics, and to manage the defendant so that fire does not occur.

그럼에도 불구하고 피고인은 불이 붙은 숯이 타고 있는 화덕을 방치한 채 커피를 마시기 위하여 현장을 이탈한 과실로, 화덕이 과열되고 숯에서 튄 불씨가 화덕 및 환풍기 벽면의 기름 때 등에 옮겨 붙어 위 피해자 소유인 화덕과 2 층 창고 등을 소훼하여 32,559,368원 상당의 재산 피해가 발생하게 하고, 위 식당 바로 옆에 위치한 피해자 F 소유인 건물로 불길이 옮겨 붙어 벽면 타일이 녹아 떨어지게 하는 등 18,965,000원 상당의 재산 피해가 발생하게 하였다.

Accordingly, the defendant destroyed the general structure owned by the victims by the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made by the D or F;

1. A fire site survey report at E-cafeteria in C;

1. Written estimate;

1. Application of fire site photograph Acts and subordinate statutes;

1. Articles 171, 170 (1), and 166 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the grounds for sentencing) is that the Defendant, by negligence in the course of business, destroyed the general structure owned by the victims, thereby causing considerable damage.