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(영문) 대구지방법원포항지원 2020.10.29 2020고단992
업무상실화
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2019, from around 08:00 on January 26, 2019 to 11:20 on the same day, the Defendant, along with B and C, had a pipe melting work to fix the vision of building outer walls on the rooftop of the new construction site of building D and E schools.

At the same time, the outer wall was affixed with a string and the string can string off in the event of a stringing work. In such a case, there was a duty of care to prevent fire in advance by taking safety measures to prevent the string from being protruding off to those who do the string work.

Nevertheless, B instructed the Defendant and C to use pipes on the rooftop as a person in charge of the team leader and the overall team leader of the complex board team team, and the Defendant and C carried out the contact work without taking safety measures, such as not using the prevention capture on the outer wall on the upper roof where a short heat was installed without neglecting the above duty of care, and the fire from the high temperature sponsed with the outer wall sponsed with the upper temperature to the whole site of the construction site, which caused approximately KRW 464,001,00 to be destroyed.

Accordingly, in collusion with B and C, the Defendant destroyed the above construction site construction materials by negligence in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of examination of the witness regarding B;

1. The prosecutor's statement concerning G;

1. Each police statement to H, I, J, and K;

1. Each internal investigation report (171 pages, 179 pages);

1. Each appraisal report, on-site inspection report, and a fire site inspection report;

1. Technical guidelines on fire prevention in the course of melting or melting operations;

1. Expenses for fire restoration;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Articles 171, 170 (2), and 30 of the Criminal Act concerning the selection of punishment for the crime, and the selection of imprisonment without prison labor. The degree of negligence and the scale of damage;

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