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(영문) 수원지방법원 2016.09.29 2015고정2696
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 June 7, 2015 to June 15, 2015, the Defendant performed adjoining construction works at the tegrative construction of the building D'E on the second floor of the building of the Dong-gu Seoul Metropolitan City, Mangyang-si.

On June 9, 2015, the Defendant has a duty of care to confirm the risk of fire and prevent the occurrence of fire in advance as a fire manager, while constructing a 2nd floor of the building D D'E on the second floor of the window frame at the Sinsan-dong-gu Seoul Special Metropolitan City on March 9, 2015.

Nevertheless, the defendant neglected to confirm harmful elements prior to the construction and caused a fire to move the loaded goods stored in the location, which are connected with the "G operated by the victim F of the first floor of the above D building". However, the defendant entered a bend of the floor of the second floor, which is connected with the "G operated by the victim F of the victim of the second floor of the D building."

As a result, the Defendant caused a fire of KRW 100 million in total amount of damage due to the 13.2 square meters and hardware, tools, straws, and water loss operated by the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of each statement of a witness H and I in the third public trial records;

1. Recording of a witness F's statement in the fourth public trial record;

1. A fire site survey report;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 171 and 170 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of all the circumstances, the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime, including the details and contents of the instant crime, the amount of damage, the degree of violation of the duty of care, and the fact that the injured person complains against the Defendant’s prior action, the sentence as ordered shall be imposed on the Defendant.

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