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(영문) 의정부지방법원 2017.06.22 2017고정855
실화
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as an employee in the "C" singing room located in Nam-gu Seoul Metropolitan Government B.

On September 13, 2016, at around 23:30 on September 13, 2016, the Defendant: (a) prepared a sprink in the instant singing room; (b) prepared the said valve without divinging it; and (c) opened the said valve to the room of customers.

As a result of the above negligence by the Defendant, the fire fighting with fire remaining in gas burners was spread to part of the main part of the wall, ceiling, etc.

As a result, the Defendant, who is the owner of the above singing room business, destroyed the ceiling and the wall wall in the above singing room with the market value of KRW 11.65 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with regard to D;

1. 내사보고( 현장 임장 등), 현장 감식결과 보고서, 견� 서 3매

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 170 (1) and Article 166 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 are as follows: (a) the Defendant’s acknowledgement of the instant criminal facts and reflects his/her mistake; (b) the Defendant agreed with the victim only smoothly; and (c) the fact that there was no history of special criminal punishment except for the punishment once imposed due to the crime of bodily injury in light of 2013.

However, the crime of this case where the defendant destroyed a facility equivalent to about KRW 11,650,00 by negligence that did not lock a gas valve, is not less than the nature of the crime in light of the content and degree of the violation of the duty of care. The general amount of punishment in the same and similar cases, balance of the punishment in the same and similar cases, and other factors, such as the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, after the crime, the circumstances after the crime, criminal records, family relations, economic circumstances, etc.

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