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(영문) 대전지방법원서산지원 2020.09.07 2020고정82
실화
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the 65th alumni meeting of the second elementary school.

On November 1, 2019, at around 18:45, the Defendant used a portable gas burner for food cooking, etc. at the 65th alumni conference office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and thus, the Defendant was obliged to pay attention not to cause fire by taking safety measures, such as returning the gas installation server of the said gas burner and the flammable server to its original state.

Nevertheless, the Defendant neglected to do so and did not return the gas rash and flammabler to its original condition, and left a fluort remaining tobacco but laid out from the building as it is, by negligence, destroyed out of the building as it was, by putting the fire out of the building. The fire occurred due to the fire that the flame generated from the fluor’s portable gas to the gas leaked.

Ultimately, the Defendant, by the foregoing negligence, destroyed the interior of a building of approximately 90 square meters in total, such as the above prefabricated-type commercial building, the above prefabricated-type building office, and D'D' main stores.

[The facts of this case are stated as follows: “E, which is a building adjacent to a fire, caused property damage equivalent to KRW 38,00,000,000 in total due to fire, by setting fire to fire: Provided, That the general buildings, etc. owned by others (Article 166 of the Criminal Act) are included in the objects of the crime of realization under Article 170(1) of the Criminal Act, but does not include general goods (Article 167 of the Criminal Act).

However, even if the object of fire is recognized as limited to the above building, it is judged that the social factual relations, which is the basis of the fire, are identical to those of the facts charged, and there is no risk of actual disadvantage to the defendant's right of defense

Therefore, this Court has to recognize the object as above ex officio without changing the indictment.

Furthermore, the amount of damage caused by fire is the crime of practicalization.

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