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(영문) 부산지방법원 2016.05.27 2016고정1285
업무상실화
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant received daily allowances from E from the vessel repair company E, which was entrusted by D Co., Ltd., the vessel repair company, the vessel owner, who is the vessel repair company B, and the vessel repair company, which is the vessel repair company, to participate in the above C repair work.

On August 1, 2015, the Defendant: (a) at the 2-1 wharf 2-1 wharf 200, the instant C’s engine room, which was abutted on the port at which he had a port at which he had a port at which he had a port at which he had a port at which he had a port at which he had a port at which he had a port at which he had a port at which he had a port at which he had a port, had a bed to cut part of the pipes to bed.

The engine room of a ship is a place where a fire risk exists because of inflammable dangerous substances vulnerable to fire. In such a case, there was a duty of care to check the removal state of household substances such as oil before commencing the work to prevent fire from sprinking, and to prevent fire by installing a combustibility cover or a fire prevention system.

Nevertheless, the defendant neglected this and caused the flames generated during the melting work to go away from the genetic mixtures (burged) which was put on the floor of the engine room by negligence, and caused the above fire to spread inside the engine room.

Ultimately, the Defendant destroyed part of the above C’s engine room, which is owned by the victimized company due to the above occupational negligence, to be KRW 83 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against F, G, or H;

1. Each police statement concerning I, J, K, and L;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Article 171 of the Criminal Act, Articles 170 (1) and 170 (1) of the Criminal Act, the selection of fines for criminal facts;

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;

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