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(영문) 수원지방법원 성남지원 2017.05.18 2016고단2867
실화
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works in a warehouse for the storage of a performance set of Flele E in the Republic of Korea.

On April 28, 2016, the Defendant was able to smoke in the following parts of the International Purinal Agency, operated by the victim H (48 tax) located in G around the Hanam-si around 15:25.

At the same time, a paper that can easily put a fire was placed, such as stuffs, sand position plates, and various kinds of living wastes, etc., and the weather was clear and dry. Therefore, the Defendant had a duty of care to prevent the occurrence of fire in advance by completely removing the fire of a cigarette butts from being moved to stuffs, garbage, etc.

Nevertheless, the Defendant neglected this and caused a cigarette butts to put the same paper to a stuff, etc. by negligence, without completely extinguishing the cigarette, and around 15:29 on the same day, the Defendant got to put the string, etc. of the said I tent, etc. on which the fire was loaded.

Accordingly, the Defendant, by negligence, destroyed the property in an amount equivalent to KRW 40 million in total, such as the market price, such as the tent, balurier, and scarg, owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness J, K, L and H;

1. On-site reports, on-site photographs, on-site fire investigation reports, and genetic assessment reports;

1. The CCTV images related to fire [the defendant and his defense counsel denied the crime, so the finding of guilt in a criminal trial should be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. If there is no evidence to form such a degree of conviction, the defendant's interest should be judged even if there is suspicion of guilt, but such conviction should not be necessarily formed by direct evidence, and it does not violate the rules of experience and logic.

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