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(영문) 대구지방법원 김천지원 2017.09.20 2017고단380

업무상과실폭발성물건파열등

Text

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

Reasons

Punishment of the crime

The Defendant is a person who performs duties, such as construction of cooling and cooling facilities, under the trade name of “C”.

On December 22, 2016, the Defendant was engaged in the detection of water leakage to perform water leakage construction works at the house of the victim E (n, 29 years of age) located in Kimcheon-si, Kimcheon-si.

In this case, the defendant should not detect water leakage by inserting liquefied petroleum gas (LPG) with an easily inflammable and explosion into the water pipe, and he had a duty of care to prevent explosion accidents in advance by safely using exclusive gas for detecting water leakages.

Nevertheless, for the detection of water leakage, the Defendant injected liquefied petroleum gas through the tap tap, installed at the victim's house, and did not take measures such as diving the valves inside the house prior to gas injection, due to occupational negligence, the Defendant's explosion caused by the leakage of liquefied petroleum gas through water valves which are not locked by the victim's house toilets.

Ultimately, the Defendant sold liquefied petroleum gas, which is an explosive object, due to the above occupational negligence, thereby causing danger to human life, body, or property, and at the same time suffered from the victim about five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A complaint and a complaint;

1. A medical certificate, a detailed statement of medical expenses, part of the injury, and a fire photograph;

1. Application of Acts and subordinate statutes to investigation reports (to hear reports on suspect telephone statements, attach reference materials, attach copies of business registration certificates, attach diagnostic documents, attach LPG gas photographs, attach photographs to damaged scene pictures);

1. Articles 173-2 (2) and 173-2 (1), 172 (1) (a) of the Criminal Act (a point of burning explosive objects due to occupational negligence) and 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment shall be heavier.