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(영문) 서울동부지방법원 2016.01.13 2014고단3651

업무상실화

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a cafeteria with the trade name, “E store” (hereinafter referred to as “Defendant store”) on the first floor of Songpa-gu Seoul Metropolitan Government apartment building D apartment.

On January 14, 2014, at around 20:50 on January 14, 2014, the Defendant was preparing for bombs and bombs by inserting shot and bombs into the shot and attaching a fire.

In such cases, the defendant, who is a restaurant management, has a duty of care to prevent the oil sludge generated in the erode installed in the kitchen from being accumulated on the erode and the duct. At the time of cooking food, the defendant, who is a restaurant management, had a duty of care to keep the erode from cleaning the erode and the pipe oil sludge in preparation for fire that will be caused by contact with the erode and the pipe.

Nevertheless, the Defendant neglected this, without installing a pen on the backboard and without installing a pen, was on the wind, with the flame of a erode attached to the erode and a duct not cleanly clean, and carried inside facilities with a erode sping the oil splate attached to the erode and joint with a erode attached to the erode and joint duct, and the Defendant was on the part of the victim F of the same building through the erode.g., G control points operated by the victim F of the same building.

The Defendant violated the duty of care as above, thereby causing property damage equivalent to KRW 9,710,000 in total by putting about the parts of the task at the victim F’s operating store.

Summary of Evidence

1. Each legal statement of the witness H, I, J, K, L, M and N;

1. Each police statement made with respect to H, I, J, K, and F;

1. The appraisal report on the fire site, the results of identification on the fire site, identification photographs, identification photographs, the investigation report on the fire site, and estimates;

1. Application of investigation reports (Attachment of documents on the fact of violation of the owner of business in the dispatching fire station), investigation reports (report on the fact of violation of fire-fighting-related Acts and subordinate statutes), confirmation photographs on the scene of violation, and application of Acts and subordinate statutes to investigation reports (

1. Article 171 of the Criminal Act applicable to the crime and Article 171 of the choice of punishment.

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