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(영문) 서울중앙지방법원 2017.12.08 2017노3217

업무상실화

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, there is no evidence that the cause of the instant fire was caused by the joint line of electricity, and according to the Defendant’s experiments, etc., it appears that there is little possibility that the fire would be caused by the joint line of electricity. The responsibility to manage the place of the instant fire is in Clob Co., Ltd., Ltd., the air conditioners management service provider, and the Defendant was on the day off a Saturday and the vice head was acting on behalf of the Defendant, and thus, he breached the duty of care as a manager at the time of the instant fire.

shall not be deemed to exist.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. 1) The following facts are acknowledged according to the evidence duly adopted and investigated by the first instance court of this case on the ground of the occurrence of the instant fire.

① The “legal safety appraisal report” of the National Science Investigation Institute is likely to cause a fire by being adhered to an electric cable installed in the E basin 2 air ventilation indoor air ventilation duct in Seoul Jung-gu (hereinafter “the instant electric cable”) with an air exhauster of the outdoor air exhauster 2, installed in the air air ventilation duct in Seoul Jung-gu, and a melting electric heat with a national and local electrical heat, and the melting movements by the national secondary electrical heat are difficult to be formed by external flames. As such, there is a possibility that a fire may cause a fire by being adhered to an air exhauster or a nearby combustible material by the electrical heat in that part.

In conclusion, (156 pages of evidence) (2) In the “E calendar fire site report prepared by the Fire Captain of the Fire Department of the Central Fire Department of the Central Fire Department”, the fire butts were not discovered at the fire site, and the electricity fire fireworks generated from the joint line connected to the electrical wires connected to the air wires outside the air conditioner room were burned out to the electric wires, and they were moved to the lower wooden lifts.

(3) A reply to fact-finding by the head of the central fire station.