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(영문) 수원지방법원 여주지원 2014.03.28 2013고단1305

업무상실화

Text

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

Reasons

Punishment of the crime

The defendant is a contact with the victim D's E farm in Gyeonggi-do, where he has been engaged in the contact work.

On November 20, 2013, at around 09:30, the Defendant, at the E farm of the above victim, engaged in an electric melting work connecting the meconical wire network. In such a case, the Defendant had a duty of care to remove substances, etc. that can be put to me by sufficiently examining the surrounding areas so that the fire may not occur due to the sprinking of the sprink in the sprink, and to safely melt the sprinking work.

Nevertheless, the Defendant neglected his care and caused a fire to be protruding to the Belgium that was around, and then, caused the public danger by setting a fire by setting a fire in excess of the sum of KRW 102,55,00,00, such as livestock pens owned by the victim D, livestock pens owned by the victim F, 120,000, and livestock feed transport equipment installed at each of the above livestock pens (50,000,000,000 won for damages claimed by the victims).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of statutes governing reports on results of field identification;

1. Although the relevant provision of criminal facts, Articles 171, 170(1) and (2), 166(1), and 167 of the Criminal Act regarding the selection of imprisonment without prison labor, and the sentencing of imprisonment without prison labor is reasonable to inflict damage on the victims due to the occupational failure of the instant case, the Defendant has not made any effort to recover from damage until now, and thus, a short-term sentence against the Defendant should be terminated, but the victim D should not be subject to criminal punishment by taking into account various circumstances, including the degree of negligence of the Defendant and the fact that the victim D does not want to have the criminal punishment of the Defendant, etc., and determine the same punishment as the disposition: Provided, That the statutory detention is not required to give the Defendant