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(영문) 대전지방법원 천안지원 2018.02.08 2017고단493

업무상과실폭발성물건파열

Text

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

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

Reasons

Punishment of the crime

The defendant is a safety management employee of D Co., Ltd. who has obtained a certificate of qualification for technical knowledge of high-pressure gas machinery and performed work such as inspection of gas use facilities and construction of new gas-using facilities.

On December 9, 2016, at around 16:30, the Defendant: (a) received a request from the injured party to check that LPG gas is not supplied to a gas boiler; and (b) performed an inspection of gas supply device at the boiler room of a building (2 square meters) installed behind the house owned by the victim F (68 cm) located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu; and (c) received a request from the injured party to check that LPG gas is not supplied to the gas boiler; and (d) in such a case, the Defendant was obliged to perform the duty of care to check and check whether the above width was completely and completely concluded after the inspection in order to prevent the risk of gas explosion, leakage, etc.

Nevertheless, the Defendant: (a) carried out an inspection of the width, connected to the above gas boiler’s visual boiler, and did not properly conclude the said width, but did not properly confirm whether it was completely concluded; and (b) caused LPG gas to leak out through the leakage of gas from the part connected to the above visual boiler, and then, (c) around 20:50 on the following day.

Ultimately, the Defendant caused the damage to the boiler room of approximately 6.6 square meters owned by the victim due to the occupational negligence above, and the wall surface of the house abutting on the boiler room, thereby causing about KRW 87,585,772 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A response to a request for appraisal, and a legal safety appraisal report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to file a written estimate for internal investigation;

1. Relevant Article 173-2 (2) and (1) of the Criminal Act, Articles 173-2 (1) and 172 (1) of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Criminal Act: