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(영문) 광주지방법원 순천지원 2018.08.30 2017고단2762

업무상실화

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is the head of a restaurant in the Mayang-si B.

On August 29, 2017, the Defendant sawd the instant cafeteria, which was operated by the victim E in Ma, around 15:48 on August 29, 2017, in a cafeteria operated by the victim E, with a slopped with the gas slopped to prepare for business.

In a case where a slick paper, which includes a slick paper, is dried up in the kitchen, the slick paper was dried up, and a fire may occur in the slicker and the kitchen. Therefore, the person in charge of cooking has a duty of care to take safety measures so that a fire may not occur, such as checking the slick paper in the vicinity of the kitchen and preparing to take appropriate measures against it.

Nevertheless, the Defendant neglected to do so and laid down a slick, which was sticked on a gas bag, at a slick, and was slicked from a kitchen and a restaurant first floor, and caused a fire to the buildings and house straws in the vicinity, such as a main wall, a river, etc., by putting the slick, which was slicked on the main wall and a slick.

As a result, the Defendant, by negligence in the above business, destroyed approximately KRW 180,841,973 of the market price, such as buildings and fixtures owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and F;

1. A fire site survey report;

1. Application of the statutes governing a written estimate;

1. Relevant legal provisions of the Criminal Act and Articles 171 and 170 (1) of the Criminal Act concerning criminal facts, the selection of imprisonment without prison labor ( Consideration of the degree of negligence, degree of damage, etc. of a defendant);

1. It is so decided as per Disposition for the reason that Article 62 (1) (including the agreement with the victim) of the Criminal Act is not less than 62 (1).