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(영문) 광주지방법원 목포지원 2013.11.15 2013고단1317

업무상실화

Text

Defendant shall be punished by imprisonment without prison labor for two years.

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

Reasons

Punishment of the crime

On April 2, 2013, the Defendant entered into a contract for construction with the content that the office is installed in the warehouse owned by the victim E, the employee of the limited liability company B, and the entrance is expanded.

On April 10, 2013, in order to expand the entrance of the above warehouse, the Defendant cut off a panel of the left part of the existing entrance about about 1m and about 3.5m high, and covered a part of the cut surface with the Aracul frame, but used a melter for fixing the cut part of the panel.

At the time, the panel, where the defendant cut and then used, had a duty of care to prevent the occurrence of a fire by taking sufficient measures so that the contact fire does not fall from the inside of the above panel even if he/she did work or she was in contact with the panel in a way other than melting, as a sandd position panel with easily strokes easily burned, and he/she had a duty of care to prevent the occurrence of a fire.

Nevertheless, the Defendant neglected this and caused danger to the public by setting fire to the ground of fire that the ground of fire extinguishing is separated from the styp of the inside of the above panel, and caused the fire by setting fire to the warehouse owned by the victim E, the victim F and the victim G-owned warehouse, and the lessee of the above warehouse, which are owned by the lessee of the above warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, I, and E;

1. Written statements of J, F,K, L, M, N,O, P, and Q;

1. Report on the results of field identification, and outline of the fire site;

1. Mineral site drawings and building registers;

1. Each preliminary report on damage adjustment (R, S, T, U,V, W);

1. Application of Acts and subordinate statutes, such as photographs of each fire site, photographs of the scene of damage, photographs of the scene, photographs of the scene, and kinds of teams on the scene of fire;

1. Articles 171, 170(1), and 166 (the occupation of the general building or fire prevention caused by occupational negligence) of the Criminal Act concerning facts constituting an offense, Articles 171 and 170(2) of the Criminal Act;