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(영문) 청주지방법원 제천지원 2017.06.15 2017고정42

업무상실화

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an operator of remodeling company B, who is engaged in the work of remodeling of the E-house owned by the victim D, and is engaged in the work of remodeling of the E-house owned by the victim D incheon-si.

On August 1, 2016, the Defendant, along with B around 10:00, had the Defendant perform the work of cutting electricity for remodeling in the E-house located in Incheon City C.

In such cases, there was a duty of care to prevent fire from being caused by a short circuit electric wires, such as managing a short circuit line well, or on objects through the surrounding electricity.

Nevertheless, the Defendant neglected this and cut the electric wires and neglected the cut electric wires going through through through, by negligence, caused the cut electric wires to be melted by the roof of the above E-house, and caused the melting electric wires to be melted with the roof and the electric wires leading to the roof.

Ultimately, the Defendant destroyed the above occupational negligence by burning approximately KRW 12,460,000 of the market price, such as the house roof owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. Reports on internal investigation (Submission, etc. of a written agreement) and reports on internal investigation (attached to a fire site survey report and the results of appraisal);

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 164 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that the destroyed part is confessioned of relatively high risk of the fire caused by the fire as the main building, the fact that it is against the victim, and the agreement is made with the victim.