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집행유예
(영문) 제주지방법원 2015.10.7.선고 2015고단776 판결

업무상과실치상

Cases

2015 Highly Injury by occupational negligence

Defendant

A (1967) Sale of liquefied petroleum gas

Prosecutor

Park Jong-hee (prosecution) and Park Jong-hee (Public trial)

Imposition of Judgment

October 7, 2015

Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

【Criminal Power】

On August 30, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jeju District Court on August 30, 2013, and the said judgment became final and conclusive on September 7, 2013, and was subject to the suspended sentence.

【Criminal Facts】

The defendant is a person who has been in a position to exercise overall control over gas supply and safety inspection as a person who has been engaged in liquefied petroleum gas sales business in an apartment complex located in Seopopopopo-si.

From March 2011, the Defendant supplied liquefied petroleum gas to the apartment that was located in Sinpo City from March 201.

The Defendant’s supply of liquefied petroleum gas to the above apartment complex was a method of gas converting gas in liquid form into gaseous state by heating water contained in a burner, and supplying it to each household. The gas blocking valve installed in the above apartment complex was a general valve that could not block high-pressure gas in liquid state. As such, the Defendant, who is engaged in the gas supply business, had a duty of care to check regularly whether water flows out of burners and prevent high-pressure gas in liquid state from being supplied directly at home.

Nevertheless, on March 2014, when there is a change in the staff in charge of the inspection of gas supply and equipment of the above apartment complex, the Defendant stated that no education or instruction was given to the newly employed staff on the details and methods of the inspection of the fire, how to supplement the water in the fire, etc. from that time until January 2015.

On January 3, 2015, at around 08:32, rubber string, which has the function of blocking liquid petroleum gas in a state without any raw gas in a liquid condition, was modified, and the high pressure petroleum gas was directly supplied to each household in the above apartment complex. On January 3, 2015, the victim Kim○○ (n, 77 years old) in the above apartment complex, which was 108 No. 301, 301, leaked from the valve to the valve to use gas, and the gas of the strong pressure of the valve was leaked to the valve, and the gas of the pressure of the heat to use the gas was leaked to the valve.

As a result, the Defendant suffered, from the above occupational negligence, the injury, such as mination of culvers in the upper brush in the front brush, which requires treatment for about 5 weeks, and the injury, such as hair and 2-day images, which require treatment for about 20 days to the victim Kim Jong-young (the age of 54), and the victim Hu○○ (the age of 54), respectively, due to the victim Hu○ (the age of 54) whose number of days of treatment is unknown.

Summary of Evidence

omitted.

Application of Statutes

1. Relevant provisions of criminal facts: Article 268 of the Criminal Act;

1. Standing concurrence and the choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

It is so decided as per Disposition for the above reasons.

Reasons for sentencing

A favorable normal: Deposit (5 million won against the person on October 5, 2015, Kim ○, and 3 million won against the deposit (3 million won against Kim Jong-young)

100,000 won against Won, Doz., Doz., Doz., and

Judges

Degree of Nature