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(영문) 춘천지방법원 속초지원 2014.07.16 2014고단182

업무상실화

Text

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

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B is an operator who operates a mutually cafeteria referred to as “D” in Seocho-si, and Defendant A is an employee in the above cafeteria.

In providing food to customers at the above restaurant, Defendant A had a duty of care to prevent the occurrence of fire by maintaining a certain interval between charcoal and the shot in order to prevent the transfer of charcoal to the shot (shot) connected to the shot. Defendant B had a duty of care to continuously observe the restaurant site and to direct and supervise whether employees deal with charcoal safely by recognizing that there is a high risk of fire due to cooking food in the above restaurant.

Nevertheless, at around 19:40 on August 16, 2013, Defendant A neglected this, and caused a fire by putting the bomb on the instant restaurant No. 2 in contact with the bomb, and by negligence, Defendant B failed to properly observe the restaurant site, and neglected Defendant A’s duty of care to direct and supervise the restaurant site, and caused the fire by putting the bomb off to the above bomb, “F” restaurant operated by the victim E, “H” repair store operated by the victim G, “J” store operated by the victim I”, and the roof, wall, floor, and internal collection machine, etc. of neighboring commercial buildings, such as the sales store operated by the victim I, which caused the fire.

As a result, the Defendants conspired with the victim E to cause property damage equivalent to 32,641,00 won such as repair fees, 83,42,00 won such as repair fees, and 10,891,000 won such as repair fees, etc. to the victim G.