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(영문) 수원지방법원 2020.03.03 2019고단6181

업무상실화

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in charge of manufacturing and selling 'brupt', which is a craft product (materials for the creation of rooms and steelworks), and manufacturing products and repairing machinery, etc. in ‘D' in the operation of the victim C in the emulic City B.

At around 09:54 on March 22, 2019, the Defendant was engaged in a melting work that connects pipes in order to repair 'brupt' manufacturing machinery at the workplace of ‘D'.

Since the fire is protruding in the course of the work when approaching the work, there was a duty of care to prevent fire by removing combustible objects that can be put to the work site's surroundings.

Nevertheless, while the Defendant was carrying any stuffs containing flus, rooms, and yarns in the vicinity of the above-mentioned work, the Defendant destroyed a building or movable property of approximately KRW 774,00,000 in total of market prices, such as the above-mentioned "D", "E in the same address", "K office operated by the victim J in the same city, "K office operated by the victim J in the same city, the victim M in the same city, and the victim M in the same city, and the entire building in which the victimO resides, and the light cables of the victim P installed in the above day, and the building and movable property of approximately KRW 774,00,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Each statement of N, M, J,O, and G;

1. On-site photographs;

1. A reply requested to provide a report on the results of identification at a fire site (D);

1. Application of the written estimate statutes;

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), 164 (1), and 166 (1) of the Criminal Act concerning the selection of punishment for the crime, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (wholly agreed with victims, etc.);