beta
(영문) 인천지방법원 2013.11.29 2013고정3848

업무상실화

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the installation of a tent.

On July 1, 2013, at around 09:00, the Defendant used fixed pin to install a tent in the pipe of the outer wall of the tent in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. In such a case, there are inflammable materials inside the said ceiling, and thus, there was a duty of care to prevent fire, such as covering the said ceiling with incombustible materials, installing a fire prevention device, and keeping a fire extinguishing device.

Nevertheless, the Defendant neglected this and carried out a melting work without any device to prevent fire, and then destroyed the “Ccafeteria” owned by the victim D to the said Bohion material, and destroyed the repair cost of KRW 3,98,00,000 for repair cost, KRW 3,530,000 for repair cost, and KRW 2,50,000 for repair cost of the victim’s HE owned by the victim’s G, a next commercial building, by setting the repair cost of KRW 10,028,800 for each of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, and D;

1. Response following a request for issuance of a fire site investigation report;

1. Written estimate of damage;

1. Application of statutes on site photographs;

1. Relevant Article 171 of the Criminal Act and Articles 170 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;