2018Ma1006 Central Fire Caused by Gross Negligence

A

Newly Inserted by Presidential Decree No. 2010, Feb. 1, 201

Attorney B (Korean National Assembly)

November 13, 2018

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is a person residing in Jongno-gu Seoul Metropolitan Government, Jongno-gu, 101 (Garo 217 cm X 120 cm X 190 cm, hereinafter referred to as “the inner bank”). Since cooking places are not separately provided in the bank in which the Defendant is living, food is cooked using portable gas bags within the bank. Even if cooking food with portable gas bags within snow stations, the Defendant has a duty of care to safely prepare food at a distance away from books, paper, suspension, etc. and prevent the occurrence of fire.

Nevertheless, on January 5, 2018, the Defendant, on the 15:47 side of the bank, did not put the above articles with strong inflammable in the front, and used the portable gas stamp from that side by using the portable gas stamp, the Defendant, at the seat of B, put away the suspension he was stored adjacent to a portable gas bag, and subsequently, put it away from the books, paper, suspension, etc. which were in the vicinity, and then put it back to the entire residence.

Ultimately, the Defendant, by the gross negligence above, destroyed the building owned by the victim D to the extent that the amount of KRW 14,373,000 (real property KRW 12,514,00, KRW 1,859,000, KRW 1,859,00) is equal to the repair cost, and at the same time, caused the victim E (the age of 67) to die without evacuation of the body under 102 of the same building and inhales toxicity and transferred to the hospital, and caused the victim E (the age of 67) to die from the emergency room of the Human University affiliated to the Incheon Central University, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about F, G, D, H, I, J, K, and L;

1. On-site photographs, victim photographs, body autopsy reports, identification reports on the cases of fire and death in the Chill village as a paper, detailed reports on the handling of cases reported 112, and written autopsy and appraisal reports;

1. The application of Acts and subordinate statutes to the investigation report (related to the prevention of fire and the confirmation of the degree of damage), investigation report (related to the joint identification), attached identification pictures, investigation reports (related to joint identification response), and attached fire site investigation reports, internal investigation reports (related to requests for appraisal and hearing of opinions of bereaved family members), investigation reports (related to requests for appraisal and hearing of opinions of bereaved family members), attached investigation reports (joint investigation findings response at the fire site) and attached Seoul Jongno-gu

1. Article applicable to criminal facts;

Articles 171, 170(1) and 164(1) of the Criminal Act (the occupation of double-life resulting from gross negligence) and Article 268 of the Criminal Act (the occupation of double-life resulting from gross negligence)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on gross negligence with heavier punishment)

1. Selection of punishment;

Selection of imprisonment without labor

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Reasons for sentencing: 1 month to 5 years of imprisonment without prison labor;

2. Reference to the sentencing criteria: The sentencing criteria shall not apply to the crimes of gross negligence and serious injury caused by gross negligence in the relationship of ordinary concurrent crimes: Provided, That the sentencing criteria shall be referenced for the crimes of gross negligence death as follows:

[Determination of Punishment] Type 3 (Occupational Negligence, Gross Negligence, Death by Gross Negligence)

[Special Sentencing] Disapproval of Punishment (Discretionary Elements)

[Scope of Recommendation] From April to October of the Treasury

3. Determination of sentence: In the case of the crime of this case 10 months of imprisonment without prison labor or 2 years of suspended sentence, the criminal defendant's liability for the crime of this case is not minor if it is inferred that the defendant committed a fire far away from a suspension near the Do, which used a portable gas bag on the side, destroyed the building, resulting in the death of one victim at the same time, resulting in the death of one victim, the serious result of death, and the negligence of the defendant who caused a fire by neglecting the control of inflammable substances in the direction vulnerable to a fire, is deemed to be serious;

However, it is reasonable to consider that the defendant is both aware of and against the crime of this case, that there is no criminal power except for the defendant's previous 35 years of suspended execution and minor fines not exceeding 100,000 won, that the defendant is a basic living beneficiary of the age of 78, and that the defendant is suffering from heavy wind in the age of 78, and that he is trying to solve the crime of this case. The defendant was committed against the crime of this case. The defendant made efforts to extinguish after the fire, but he seems to have failed to extinguish fire rapidly and rapidly, that the victim E's bereaved family members and the victim D do not want to be punished for the defendant, and that the physical and mental health of the defendant seems not good.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the pleadings of this case, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime.

The senior judge of the presiding judge;

Judge Lee Sang-hoon

Judges Park Il-young