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(영문) 대전지방법원 홍성지원 2019.03.25 2018고정196

업무상실화

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 13:00 on April 29, 2018, the Defendant, as a public corporation, was engaged in the work of separating brine C’s house located in Chungcheongnam-gun Hongsung-gun, from the site of removal of brine and brine by using the brine.

The risk of fire was high in the event that combustible objects, such as a ion cover, occur around the workplace, and the flames that occurred during the operation of the workplace were scattered, and thus, the Defendant, who is engaged in the rainary work, had a duty of care to take safety measures by installing a flame splug so that the flames that they do not move to inflammable objects, and to ensure that the flames that occur during the operation of the workplace do not move to other objects in the vicinity of the workplace, and to ensure that the flames do not move to other objects in the workplace, there was a duty of care.

Nevertheless, the Defendant neglected to take safety measures and neglected to do so, caused the flames that occurred in the middle of the construction by negligence in the course of the business, and caused the fire to spread to the entire building of the above house, and caused the fire to cause property damage that could not know the amount of the above house (area 128 square meters) by burning it to the entire building of the above house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (the current situation, etc. at the time of opening the site);

1. Application of Acts and subordinate statutes, such as a report on the results of field identification and on-site photographs (mat 24 copies);

1. Relevant Article 171 of the Criminal Act and Articles 170 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

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