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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2018.01.18 2017고정1267
실화
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 9, 2017, the Defendant received a demand from a livestock product management office to request for preventive measures against AI-related diseases, and tried to take preventive measures against his farm, etc. raised by himself using a portable storage device.

The portable air exhauster has a duty of care to prevent fire in advance by putting an incomplete combustion into high heat by an incomplete combustion due to chlost or storm, so a person who uses the air exhauster shall not use inflammable substances at a place where the air exhauster is located, and when using it, he/she has a duty of care to prevent fire in advance by lest it should be put into inflammable substances in case of using it.

Nevertheless, on June 9, 2017, the Defendant neglected to use inflammable substances in the surrounding area and caused them to be fluored into the said plastic house by breaking the portable butane gas in the said plastic house while performing quarantine control operations in the plastic house owned by the Defendant in Yangsan-si B, Yangsan-si on June 14:30, 2017, and caused them to be prefabricated-type housing owned by the Defendant and the roof of the victim C owned by the Defendant.

Ultimately, the Defendant, by the foregoing negligence, destroyed the plastic houses and assembly-type houses owned by the Defendant, respectively, and at the same time destroyed the roof, etc. of a wooden house owned by the victim by setting fire to approximately KRW 36 million in total as repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a fire;

1. Application of Acts and subordinate statutes to a report on internal investigation (limited to attachment of a report as a result of field identification), a report on internal investigation (referring to response to the scene of both mountain fire stations, but to attachment of a report on fire site);

1. Article 170 (1), Article 164 (1) of the Criminal Act (hereafter referred to as "fluorial building") concerning the facts constituting an offense, Articles 170 (1), 164 (1) of the Criminal Act, Articles 170 (2) and 166 (1) of the Criminal Act (hereafter referred to as "fluoraling of general buildings");

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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