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(영문) 수원지방법원 여주지원 2018.11.28 2018고정529

업무상실화

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 19, 2018, the Defendant operated B as its main business such as the removal of buildings and the collection of scrap iron, and was engaged in melting by using an oxygen cutting machine to dismantle and remove steel structures located there in Dongcheon-si C at around 12:40, 2018.

At the same time, the fire is likely to occur if the flames that occurred at the time of the winding with a strong wind at the time. In such a case, there was a duty of care to safely work to prevent fire to those who use a mountain cutting machine in order to prevent fire.

Nevertheless, the defendant neglected the above duty of care and neglected to take special safety measures, and caused the flame to be sprinked to nearby crypry field by negligence, and caused the flame to be spryed to nearby crypry field, and then transferred to the victim E vinyl owned by the victim E and the machinery inside the crypyp.

Ultimately, the Defendant: (a) destroyed a vinyl tent and the machinery within the vinyl owned by the victim by negligence in the course of business as above so that the repair cost can be caused.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a fire;

1. On-site photographing photographs;

1. A fire site survey report;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a copy of a written estimate for damage);

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 166 of the Criminal Act concerning the crime, the choice of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;