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(영문) 서울서부지방법원 2018.06.27 2017고단1772
중과실치상등
Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of damage to public goods at Seoul Western District Court, and the judgment became final and conclusive on June 24, 2016, and is still under the suspension period.

The defendant resides together with his mother in the multi-household L L of Yongsan-gu Seoul Metropolitan Government, and the same house M is the victim N(43 tax), victimO(n, 41 tax) and his/her children reside in the same house M.

On March 11, 2017, at around 23:00, the Defendant: (a) avoided tobacco at the Defendant’s residence located in the above house L, and (b) discarded a cigarette butts without properly extinguishing the cigarette, and neglected due to gross negligence; (c) moved a cigarette to a house in the vicinity of the window, and (d) moved the cigarette to a house in the vicinity of the window. On the same day on the same day, around 23:11, the Defendant moved the cigarette to a side Ma and P, which was turned back to the entire house through the wall and ceiling.

As a result, the Defendant caused by the gross negligence as above, the Defendant’s multi-household L housing units, M housing units, and 120.33 square meters in front of the building, which is a building of the steel slve roof roof, which is used by a person as a residence, to be destroyed by a fire of 15 square meters in total Pho Lake 43.2 square meters. The Defendant suffered injury, such as a 3 brupt emissions requiring approximately 12 weeks of medical treatment, and suffered injury to the victim N who escaped from a fire, such as a brush of the brupt, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol with regard to theO or N;

1. Each written diagnosis;

1. On-site reports on results of field identification (65 pages of investigation records);

1. Application of the CD-related Acts and subordinate statutes;

1. Articles 171 and 170 of the Criminal Act (the point of practice in this Article) and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The victims are due to the gross negligence of the defendant's reasons for sentencing of the selective imprisonment without prison labor.

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