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(영문) 전주지방법원 2019.10.16 2019고단504

업무상실화등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in contact service.

On April 12, 2018, around 00:34, the Defendant, at the request of D by the manager of the above building, he knows in the boiler room located on the first floor of the building underground of the building C located in Yasan-gu, Masan-si, Yan-si, B, was engaged in a folding work to cut off and replace the two pipes on the water tank.

There are lots of inflammable substances, and there is a possibility that fire fightings, fluorgs, etc., which are generated in the course of the work of and contact with the strings, are entirely cut off to the strings and their surroundings, and in such a case, there was a duty of care to prevent fire by being equipped with fire fighting equipments, water, etc. in advance with the front part of the strings and the front part of the strings in preparation for fire.

Nevertheless, the Defendant neglected to do so and cut off only 1m or 2m, cut off and melting parts of cutting and melting parts (1m or 2m) with a smoke, and caused the flames, incombustibles, etc., generated in the course of cutting and melting, to be moved to bonded temperature materials, etc., which were stored in the pipe of the said pipe, and caused the Defendant to break off the shots, the first underground floor, and singing rooms.

Ultimately, the Defendant, by such occupational negligence, destroyed part of the building, such as the victim E’s 1st underground floor, which is owned by the victim E, to take about KRW 9.5 million, and suffered injury, such as Cheongyang Ma, which requires approximately two-day medical care due to the postponement thereof, to the victim F (the age of 48) who was the customer of C at the time, and to the victim G (the victim of 48) for approximately two-day medical care.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol of examination of suspect to the prosecution (including D's statement);

1. Each police statement made to D, E, F, and G;

1. Part of each police statement of the suspect;

1.Each.