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(영문) 대구지방법원 경주지원 2016.04.14 2015고단716

업무상실화

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in a business trip from about 12 years ago.

On March 2, 2015, the defendant around 11:30 on March 2, 2015, in order to install stairs going to a cooling tower at the factory E operated by the victim D, Inc., Ltd., the defendant was engaged in electrical work.

In such cases, since the fire that occurs at the time of the contact work is likely to occur as a fire is adhered to the nearby combustible materials, the contact worker takes preventive measures to prevent the fire by covering the flames on the combustible materials within the radius of the work, and has a duty of care to prevent the fire such as keeping the water tank, fire extinguishers, etc. in preparation for the occurrence of a fire.

Nevertheless, the defendant neglected to do so and did not cover the salt in the process of melting and not keeping water tanks, fire extinguisherss, etc., and the flames generated in the course of melting work inside the cooling tower, and the fire was spread to the outer wall of the above factory.

Ultimately, the Defendant destroyed the factory building owned by the victim D by the foregoing occupational negligence to cover KRW 109,537,535,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. Report on the occurrence of a fire, report on the on-site conditions, etc., report on the results of field identification, and the application of the statutes of Part I of the aggregate of fire damage costs, to the project implementer;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act on the part of the defendant (Article 62(1)(Article 62(1) of the Criminal Act on the part of the defendant (Article 62(1) of the Criminal Act on the part of the defendant's occupational negligence is very large, but the defendant is recognized to commit the crime in this case,