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(영문) 서울남부지방법원 2018.02.08 2017고단6453

업무상실화

Text

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

Reasons

Punishment of the crime

The Defendant is an employee of the head office of the factory “C” located in Geumcheon-gu Seoul Metropolitan Government, who is in charge of the management and supervision of whether the head office work can work safely.

On September 20, 2017, the Defendant was performing the duty of care to prevent fire that could be caused by the heat generated from a machine waiting in a factory room, as the Defendant was conducting the duty of care on September 20, 2017.

Nevertheless, the Defendant neglected this and did not discover any fire caused by the heating strings during the time-off work, such as viewing TV by neglecting it, which was caused by the Defendant’s negligence, and did not discover the fire that was caused by the heating strings during the time-off work, and caused the fire to be destroyed by the fire of the total amount of KRW 150,00,000 in the market value of the raw group and products owned by the victim E, which were stored in the factory located on the five strings, the 1st floor of the building adjacent to the victim, the 1st floor of the ground, and the 2nd floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, D, G, and E;

1. A report on the occurrence of a fire;

1. A fire site survey report and a report on the results of field identification;

1. Application of Acts and subordinate statutes as a result of identification of fire incidents;

1. Articles 171 and 170 (1) of the Criminal Act relating to the facts constituting an offense;

1. There are favorable circumstances such as the fact that the remuneration that the Defendant received in return for the night-time-time-time-time-time-time-time-time-time-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related

However, since the defendant was aware of the occurrence of a fire in the past, it was gross negligence that did not have to pay more attention in the course of the work of the massage, it is serious damage, insurance is covered, but the payment of insurance money has not been recovered.