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(영문) 인천지방법원 부천지원 2014.08.22 2014고단46

업무상과실치상

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is in charge of the management of the president of the trading center, as being placed in the “Cwab” located in Bupyeong-si, Seocheon-si, Nowon-gu.

At around 15:00 on June 29, 2013, the Defendant injected a diesel-type alcohol fuel into the kitchen for cooking, which was set on a table, at the annual conference room located on the second floor of the above Cwa Holdings, and caused the Defendant to attach it as a bar.

Since alcohol is a substance with strong influence, there is a duty of care to prevent in advance the location of images due to fire, such as that people are not polluted in the vicinity of the time of combustion, etc.

Nevertheless, the defendant neglected this and did not move the customers who are sitting on the tebble, who were sitting on the above ebro, to a safe place, and laid the above ebbro to the face side of the victim D(32 years of age) due to the explosion of the above ebro, the victim E(31 years of age), the right shoulder of the victim F(1 year of age) and the arms part, etc.

Ultimately, the Defendant suffered, from the above occupational negligence, chromosome images (i.e., 2.5%) in which the number of treatment days cannot be known to the victim D, chromosome images (i.e., 2.5%) in which the victim E need to receive treatment between approximately two weeks, and chromosome images (i.e., 2., 2.2%) in the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs of the victims;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that fire insurance is subscribed, the fact that there is no record that the defendant has been punished by a fine or heavier punishment, the age and occupation of the defendant, the background of the instant accident, circumstances after the crime,