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(영문) 인천지방법원 부천지원 2013.09.26 2013고정1121
업무상실화
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in entertainment work.

On March 10, 2013, from around 10:30 to 11:00, the Defendant, at the second floor of the painting factory operated by the victim D, the victim D located in Seocheon-si, Seocheon-si, Seocheon-si, the automatic frame, on which the automobile parts are sealed, used to connect the parts of the string machines pumps, and the part of the strings of the string machine pumps.

A person who performs a contact work has a duty of care to check before and after the contact work to prevent fire from being caused by the contact work, such as removing a fire from the contact after checking in advance whether there is any combustible material in the vicinity and the surrounding area before the start of the work, and to check the site before and after the contact work to prevent the occurrence of fire due to the contact work, and to take necessary measures.

Nevertheless, the Defendant did not confirm whether there are combustible materials inside the painting machinery that could cause a fire due to the contact work, adjacent to the contact part prior to commencing the contact work, and the Defendant attached the above slot machine due to the negligence in the course of performing the contact work without removing the seal paint slurbling inside the machinery, and the heat due to the flame or the contact work caused by the contact work. At around 13:15 on the same day, the two-story machines and the two-story of the above factories were removed.

Ultimately, the Defendant destroyed the automatic frame, which is the victim’s possession, by the foregoing occupational negligence, that approximately KRW 150,897,000,00 in total, for repair costs.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements of D;

1. A copy of a written estimate;

1. Application of Acts and subordinate statutes as a result of fire site identification;

1. Articles 171 and 170(1) of the Criminal Act applicable to the facts constituting an offense;

1. The fact that the defendant who is selected to impose a selective fine recognizes occupational negligence, and is able to pay more attention in the future as the case is divided.

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