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(영문) 수원지방법원 안양지원 2020.01.31 2018고단1660

업무상실화

Text

The defendant shall be innocent.

Reasons

1. From August 2017 to November 201, 2017, the Defendant: (a) had been working as a part-time employee in the “C” of his mother’s operation on the third floor of the building B of the Gu building B from around 17:00 to around 21:00; (b) had been working as a part-time employee; and (c) had been engaged in tasks such as prompt service, customer reception, cleaning, etc.

On November 24, 2017, at around 19:00, the Defendant operated a drying machine installed in a sugar room at the relevant marina business establishment.

At around 19:49 on the same day, the Defendant was in charge of smelling on the side of the drying machine, and the door of the drying machine was left out of the heater, opened a window and operated the ventilation machine to discharge smoke. In such a case, the Defendant, who operated the drying machine, has a duty of due care to check whether a fire occurred inside the drying machine, and to immediately report a fire to a fire station, extinguish a fire, or immediately report a fire to a fire, and prevent a fire from spreading damage by driving the drying machine in advance.

Nevertheless, the Defendant neglected this and neglected to take any measures to prevent the spread of fire damage, caused a drying machine to be dried with a dried and dried with a dried hole attached to a dried and dried with a dried hole inside the said dried place, destroyed a dried hole, etc., and caused about 15 customers to inhale smokes by 15 customers of other shops located inside the said dried place, and caused property damage to other stores in the aggregate amounting to 652,654,432 won.

Accordingly, the defendant destroyed the inside of the business place in the above marina area due to occupational negligence and caused public danger.

2. According to the records of judgment, the drying machine in the hot spring room in the instant marina business establishment is being launched inside the drying machine.