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(영문) 춘천지방법원 강릉지원 2018.11.30 2018고단1002

업무상실화

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a daily-use entertainment engineer.

On April 20, 2018, the Defendant: (a) 09:00, the Defendant was engaged in contact work to install a board of equipment for ice lease, which may take place on the port side at C (29 tons) mooring at the wharf of the rupture of the rupture, which is located at the rupture of the rupture of Gangseo-gu, Gangnam-gu, Seoul. In order to install a rupture for seafarers to take up at the port.

At the same time, the hull material in the vicinity of the above-mentioned work is the FRP (FR strengthening plastics) vulnerable to fire, the upper floor was installed with a wooden plate, and the defendant was engaged in melting work to prevent any fire that is likely to occur in the future when he was engaged in ice lease material, and the defendant was obliged to pay a duty of care to cover the surrounding area so that any fire that is likely to occur in the work, and to be equipped with fire extinguishers or water in preparation for the occurrence of fire, and to prevent any fire that is likely to remain in the vicinity of the work site after the completion of melting work, and the defendant was assigned a supervisor to leave the work site to prevent any fire that is likely to occur in the future.

Nevertheless, the Defendant started immediately adjacent work without any measure, and completed the melting work from around 10:00 to around 10:20 on the same day, and the fire occurred due to the negligence that left on the current deck without properly ascertaining whether the impit was protruding.

Ultimately, the Defendant, by occupational negligence, destroyed the hulls from the middle deck of the Victim D owned by the victim, to the part of the engine room, and the steering house, to the repair cost of KRW 121,058,922.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1.[Report on Fire-Fighting (Verification, etc. of Fire Site) - C fire site photographs], and [Report on Fire-Fighting ( Results of a fire site investigation report)] - Cooperation in investigation data.