beta
(영문) 인천지방법원 2016.01.13 2015고단3956

업무상과실치사등

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a production worker of the “E” located in the Nam-gu Incheon Metropolitan City, Nam-gu, which manufactures the KON, and is engaged in assembling the framework of goods that he/she intends to produce using presses.

On December 17, 2014, at around 09:15, the Defendant, at the above E plant plant site around 09:15, was engaged in the process of melting the net indirect landing by heating the sprinkler parts fixed as a net indirect landing to replace the lower part of the skin transport axis attached at No. 3 presses.

In the work space of the above factory, an error is used to ensure smooth operation of the presses, and soundproofing is attached to the inner wall to prevent scattering of the dust and noise, and the soundproof materials have a duty of care to take measures necessary for fire prevention such as preventing flying dust or protecting nearby inflammable liquid and keeping fire extinguishing equipment.

Nevertheless, the defendant neglected this and caused the fire of gas to be protruding to soundproof walls around 3 presses, and caused the fire to spread to neighboring places of business.

Ultimately, the Defendant: (a) machinery, etc. in the market price under the E plant of the victim F operation; (b) machinery, etc. in the market price under the H-owned market price (8,549,082 won for the victim’s claim); (c) machinery, etc. equivalent to KRW 1,983,00,000 for the victim’s first operation J; (d) machinery, etc. in the market price under the victim’s J-owned market price (which is equivalent to KRW 1,394,604,70 for the victim’s claim); (e) machinery, etc. in the non-owned market price (which is equivalent to KRW 17,595,980 for the victim’s claim) of the victim’s M-owned market price (which is equivalent to KRW 17,595,980 for the victim’s claim).