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(영문) 대구지방법원 서부지원 2017.10.25 2017고단411
중실화
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2016, around 16:39 on December 18, 2016, at the Defendant’s house-side toilets located on the fourth floor of the Daegu-gu Building C, the Defendant released a cigarette in a garbage tank containing a stop of smoking and caused a stop due to a cigarette smoke.

At the time, there have been a lot of suspension of materials that can be easily generated in garbage bags, and even if the fire attached to the suspension seems to have been taken out in appearance, it can be easily predicted that the fire can be cut out if it is left alone in a state where it is not completely taken off. In such a case, the defendant has a duty of care to completely remove the fire by means of sheshesheshesheshes, etc., separate it from other suspension, and to check the suspension that was put into fire again, and to prevent the fire from being moved to nearby suspension, etc. without completely extinguishing the fire that has already occurred, and to prevent it in advance.

Nevertheless, the Defendant neglected this and neglected to stop the toilet slicker, and did not completely extinguish the fire, and contained the slick substance contained in the garbage slick in another plastic wing container as it is in a empty space between buildings where combustible materials, such as inflammable materials, are stored through the toilet window. On the other hand, due to the negligence of neglecting the plastic slick, the fire occurred and the fire occurred and the buildings located in the vicinity were moved to the buildings.

As such, the Defendant, by gross negligence, destroyed the “E”, which is a general structure owned by D, thereby causing damage equivalent to KRW 640,00,00,00. The Defendant destroyed the restaurant, which is an existing structure, by setting fire to the “G” restaurant, thereby causing damage equivalent to KRW 14,49,60, and the Defendant is a “C” building, which is a structure used as a residence by H, etc.

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