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(영문) 수원지방법원 2015.02.11 2014고단6012

업무상실화

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in cooking as a restaurant kitchen at a D cafeteria located in the wife population C.

On March 29, 2014, at around 23:30 on March 29, 2014, the Defendant cooked hot-water in the cooking equipment to be protruding the above restaurant.

In such cases, after completion of cooking, a person engaged in cooking has a duty of care to reduce gas supply, including inflammable gas, or completely extinguishing gas, so that he/she may not put in fry, due to overfrying of edible milk in the kitchen.

Nevertheless, the Defendant prepared hot-water land at the kitchen for frying as above, and filled up food oil, which was filled up more than half of the above kitchen, by putting in the same place with gas gas as it is, and added it, and then moved it to the above restaurant building, warehouse, and car parked around it.

Accordingly, the Defendant destroyed the property equivalent to the total amount of KRW 469,988,830, which is the victim’s ownership, by destroying the above building, etc. owned by the victim E by the above occupational negligence as follows.

- The summary of the evidence of K 183,186,835 6 D 183,8300 K 183,86,000 K 30,800 K 184,529,00 F 2F 2,4753 G 3 G H 4200 K 183,876,835 6 D 6 D 2000 K 30,800, such as the house office of office of K 1,29,988,830 46 D 200,00 Gohap 469,98,830

1. Defendant's legal statement;

1. Each police statement made to L, M, I, N, K, and E;

1. Fire site photographs, reports on the results of field identification, and comprehensive reports on the metropolitan fire investigation;

1. A copy of each sub-loan lease contract, and a estimate for construction works to restore the fire sources of O commercial buildings;

1. Application of Acts and subordinate statutes to a report on investigation - submission and attachment of a written estimate for damage to victims, a copy of a written estimate of H company, a written estimate of J company, and a written estimate of D cafeteria

1. Relevant Articles 171 and 170 (1) of the Criminal Act concerning the facts constituting a crime, the selection of imprisonment without prison labor;

1. The Criminal Act, the suspension of execution;