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(영문) 서울중앙지방법원 2013.09.26 2013노2394

업무상과실치사등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (fine 15 million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. A newly constructed building is frequently at many places where handling of fire is frequently, disorder of combustible materials such as fireproof materials exists, and thus, there is a risk of fire compared to a general building; thus, it is difficult to early extinguishing fire at the time of the occurrence of a fire; it is difficult to rapidly spread poisonous gases at the construction site because a fire partition is not properly installed; there is a concern that rapid expansion of fire is likely to occur due to contact with external air, including oxygen because there are many cases where fire doors are not installed, and there are many cases where there is no appropriate means to deliver a fire alarm, so large human life damage is expected in the event of a fire.

The Defendant, as a general manager in charge of safety management at the construction site of the instant new building site, is well aware of the characteristics of the said new building site, and instructs and supervises the employees in charge of electrical construction at the construction site to observe the safety rules, provides on-site workers with safety and escape education to ensure that the employees in charge of safety patrol can properly deliver a fire alert at the time of a fire. However, if the employees in charge of safety patrol were negligent in neglecting the supervision so that four on-site workers die and twenty-five persons suffered injury due to fire, etc., the Defendant’s responsibility is very heavy.

However, it seems that the defendant reflects the mistake and faithfully cooperates with the investigation, and the defendant is the first offender who has no power, the bereaved family members of the deceased victims, and the workers who suffered the injury, and the victim do not want the punishment of the defendant in the victim's side, and the degree of negligence of the defendant is directly related to the fire.