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(영문) 대구지방법원 2015.10.02 2015고단2877
업무상실화
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a qualified holder of heating construction business technician, and is a person who performs duties, such as the construction of boiler with C's trade name.

On December 30, 2014, at around 01:00, the Defendant has a duty of care to safely install a boiler in compliance with the standards for installation of boiler and smoke - the separation of the boiler, etc. when the Defendant, as a boiler constructor, is to install a boiler as a boiler constructor at the victim E-owned wooden house owned by the victim E, around 01:0.

Nevertheless, the Defendant neglected this and neglected his duty of care for installation such as failing to observe the standard of separation between the roof of the above house, which is a passage to a passage to the house, and installed a studio in an excessively close vicinity between the roof and the roof, and attached it to the rooftop of the house by putting it off to the entire house, such as the ceiling of the house.

Accordingly, the Defendant destroyed the lower-ranking house equivalent to KRW 147,500,000, which is the market price owned by the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Each police statement of the E, G, H, and F;

1. Filing a report on the occurrence of a fire (fire), investigation report, written report on a fire site investigation, written report on an appraisal request, written report on appraisal, written appraisal (related to attaching a photograph), photograph, investigation report (in the location, structure, management, etc., of a boiler, etc., attaching documents related to matters to be observed in relation to the location, structure, management, etc., of a boiler), investigation report (Attachment to the roof structure), tent structural map, tent structural photography, investigation report (Attachment to the details of house repair works and fire damage), specifications of housing repair works, details of

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 166 (1) of the Criminal Act concerning the selection of punishment for the crime, the selection of imprisonment without prison labor;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act was serious and not agreed upon, the fact that the defendant has no record of being punished for the same kind of crime, and is against the law.

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