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(영문) 광주지방법원 장흥지원 2013.07.25 2013고단90

업무상실화

Text

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

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

Reasons

Punishment of the crime

The defendant is a contact with the defendant, who was engaged in the removal of the house, etc. within the frequency E-ray building owned by the victim D in the Jeonnam-gun E-Gun, the defendant was engaged in the business of removing the house, etc. by using industrial short-term.

The workers using flames have a duty of care to prevent fire from sprinking fire in advance in order to ensure that the flames do not sprinking fire while working at the bar, to remove the above combustible materials and install fire extinguishers around the site, and the floor and partitions of the second floor of the above frequency of the building are composed of wooden sections.

Nevertheless, at around 10:00 on October 13, 2012, the Defendant neglected to do so, and neglected to install fire extinguisherss on the second floor of the above frequency building, and installed near the entrance of the main entrance of the building by using food transportation elevator rails, which are installed near the main entrance of the building without being equipped with fire extinguisherss, making the flame to protruding off on the floor and wooden partitions, while being melted by using a fireproof short-term for oxygen, and on the same day, around 12:30 on the same day, the fire was 204 square meters on the second floor of the building through the floor and the wooden partitions.

Ultimately, the Defendant, by such occupational negligence, destroyed the two floors of all the above frequency of the building owned by the victim, which is approximately KRW 14,642,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning F and D;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 171 of the Criminal Act; Articles 171 and 170 of the Criminal Act; the choice of imprisonment with prison labor;

1. The defendant's negligence in sentencing of Article 62 (1) of the Criminal Code provides that a sentence of imprisonment without prison labor shall be selected in consideration of the fact that a building owned by the victim was destroyed due to the defendant's negligence, and that there was no agreement between the defendant and the victim, but the defendant is the primary offender, commits the crime, and commits the crime against the defendant's mistake,