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(영문) 부산지방법원 2016.09.01 2016고정2440
업무상실화
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 6, 2016 to Busan Seo-gu, the Defendant was working as a construction site in the site of multi-household housing construction in the 3rd household building in the building site in the Seo-gu, Busan. On January 10, 2016, around 09:40, the Defendant performed a cutting work to remove steel bars attached to the oxygen cutting machine using the mountain divers in order to adjust the steel divers on the upper rooftop of the construction site.

When cutting steel bars, etc. using flames emitted from the bar of a mountain conditioning machine, anyone has been negligent in performing the duty of care to prepare for fire if the flames may occur, such as putting combustible objects and sprinking water with assistants, despite the fact that he/she has a duty of care to prepare for fire, he/she has a duty of care to do so, and the defendant burns property equivalent to KRW 92,000,000 in total with the cost of repair and construction of the inside equipment and building owned by the victim D, which were in his/her building in his/her second floor screen golf course, by neglecting his/her duty to prepare for the sprinking of the flames, and by neglecting the cutting of the steel sprinking with a mixed oxygen sprinking machine, the defendant caused the fire by the negligence of carrying out the cutting of the steel sponsing of the steel sponsing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, A, G, H, I, and J;

1. A report on the occurrence of a fire and photographs on the scene of a fire;

1. Report on investigation (as to the visit);

1. Investigation reports (as to the results of an on-site appraisal), investigation reports on fire sites, and application of Acts and subordinate statutes to investigation reports on fire accidents;

1. Relevant Article 171 of the Criminal Act and Articles 170 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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