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(영문) 서울남부지방법원 2017.01.24 2016고정2945
업무상실화
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the management of facilities, including accommodation work, at C Hotel in Gangseo-gu Seoul Metropolitan Government.

On May 15, 2016, at around 11:30, the Defendant, at the 8th floor of the above C hotel, had an electrical contact to reinforce the cooling tower support stand.

Since there is a charge of plastic materials around the front section of the place, it is possible for the person engaged in the contact work to protruding the container, so in such a case, he has a duty of care to take safety measures, such as removing incombustible substances around the front section of the melting part, installing a flame waterproof spreading, etc., and observe closely whether flames were not protruding with inflammable substances, and prevent fire in advance by making safe contact work, such as immediately extinguishing, etc.

Nevertheless, the Defendant neglected to do so and did not properly check whether combustible agents, such as plastic materials, were sprinked with combustible materials, such as plastic materials, and the Defendant started to sprink up with the charging materials, etc. of plastic materials that had been around the roof and had two cooling towers on the rooftop and the staff restaurant.

Ultimately, the Defendant: (a) destroyed a restaurant for the employees of the 8th floor of the above building in which the victim D owner is present by occupational negligence as above; (b) destroyed two cooling towers to repair KRW 86.6 million; and (c) destroyed two cooling towers to repair KRW 28,00,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to a report on internal investigation (in relation to the submission of a written estimate for report on results of field identification) and an investigation report;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Articles 171, 170 (1) and (2) 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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