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(영문) 광주지방법원 순천지원 2013.11.13 2013고정529

업무상실화

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a ship repair business company in the residential area.

At around 11:00 on May 7, 2013, the Defendant requested the owner D to replace the main engine of the vessel with a high interest-type fishing vessel C (7.31 ton) at anchor in the quantities of the vessel at the Doyang-gu, Doyang-gun, Doyang-gun, Doyang-gun. From around 15:30 on the same day, the Defendant on board the vessel and cut off the vessel using a fixed voltage fixed by the main engine for outside the main engine in the engine room.

In such cases, the Defendant had a duty of care to leave the site after putting the engine room room to prevent fire due to the flames that occur during the work of cutting dust, putting water, etc. out in order to prevent fire due to divings completely after the work is completed.

Nevertheless, the Defendant neglected to do so and carried out the cutting work using the oxygen cutting machine and did not take safety measures, and destroyed part of the steering house and engine room of the above vessel (class 100 million won at the market price) on the same day by putting divers and heat emitting materials from the floor of the engine room on around 15:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes on fire-proof reports (as to the attachment of fire-proof photographs on vessels);

1. Relevant Article 171 of the Criminal Act and Articles 170 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;