업무상실화
Defendant A and B shall be punished by imprisonment without prison labor for six months.
However, for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
C is the representative of the G Company.
Defendant
A is an unqualified business operator who performed metal construction work with subcontracting from Defendant C.
Defendant
B is an unqualified person who performed the contact work under the direction of Defendant A.
On April 28, 2017, at around 16:51, the Defendants were engaged in the re-establishment of steel frame in the entrance gate 105 in the Hong-gun Hong-gun, Chungcheongnam-gun.
A person who comprehensively manages such work site shall instruct and supervise workers to observe fire prevention regulations, and a technician who installs steel frame has a duty of care to prevent the occurrence of fire through appropriate measures, such as removing inflammable substances or preventing the crepit of the place where inflammable substances are located, in the event of the use of an electricity dykeer and a dykeer.
Nevertheless, the Defendants neglected to take safety measures or work instructions necessary to prevent fire, and Defendant C left the site, and Defendant A and B did not remove combustible substances or prevent the gap in the location of inflammable substances from being removed, and carried out the removal of gynas by using electric dynas and contacters.
During that period, the fire caused by the electricity dynasor or the dynasor was moved to the inside of the wall, and the fire was destroyed by a total of KRW 3,179,132,950 to the inner wall of the H building, which is a building in which people exist, in order to cause property damage.
After all, the Defendants jointly destroyed part of the building in which people exist due to their occupational and practical injury.
Summary of Evidence
1. Defendants’ respective legal statements
1. A report on internal investigation (referring to internal investigation into attaching on-site CCTVs and photographs);
1. Application of Acts and subordinate statutes to reports on the results of field identification, field photographs, reports on the results of field identification, and on-site photographs;
1. Article 171 of the Criminal Act and Articles 170 (1) and 170 of the Criminal Act concerning the selection of criminal facts;