In the event that the lessee died of a lux gas poisoning in a room that was leased and used, the liability of the lessor for the crime;

The defect that has a minor gap in the visit used by the lessee or the defect that has a defect in the gas discharge facility such as a smoke can not be deemed as a damaged condition to the extent that the object of the lease could not be used. This is a lessee’s duty to repair and manage the object of the lease. Therefore, even if the lessee died due to addiction to the smoke from the room, the accident is caused by the lessee’s neglect of such duty, and thus, cannot be held liable for the crime of gross negligence death to the lessor.

Article 268 of the Criminal Act, Articles 618 and 623 of the Civil Act

Defendant

Prosecutor

Incheon District Court Decision 84No1078 Decided July 11, 1985

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment of the court below and the judgment of the court of first instance maintained by the court below, it is not deemed that the above room, which is the object of lease, is damaged to the extent that it is impossible to use the room, and it cannot be viewed as a large scale of damage due to the fact that there is a large scale of damage that is the object of lease, and the accident of this case constitutes a lessee's ordinary repair and management obligation. Since the accident of this case occurred due to negligence in this duty, the crime of gross negligence resulting from the defendant's gross negligence constitutes a case where there is no proof of crime, and the court below affirmed the judgment of the court of first instance which acquitted the defendant. We examine the evidence preparation process conducted by the court below in the course of taking such measures, compared to the records, we find it unreasonable to hold that there is no violation of the rules of evidence and there is no error of law by misunderstanding the legal principles as to the negligence liability of a building lessor, such as mistake or theory that misleads the facts by violating the rules of evidence.

Therefore, the appeal by the prosecutor is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)