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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal I and H’s statements, etc., it is recognized that the Defendant left the electric wires at the site of this case by negligence in the course of business, and the fire was caused by the fire that occurred from the said electric wires as the source of fire extinguishing.
However, the court below erred by misapprehending the facts and acquitted the Defendant of the facts charged in this case.
2. Determination
A. The summary of the facts charged is a person who is engaged in managing (State) D Technical Director in Daegu-gu, and all the construction sites in the implementation of the said D.
From October 1, 2009, the Defendant had applied for temporary power termination on March 12, 2010 when the construction of parking buildings in Daegu-gu, Daegu-gu, applied for temporary power installation to the Korean power and used the power as a parking lot for e-mail cargo vehicles while the construction of parking buildings was suspended. The Defendant applied for temporary power termination on March 12, 2010, and the Korean power collected temporary power measuring instruments.
In such cases, the Defendant had a duty of care to remove electric wires connected from the electric poles of Korean power to the construction site measuring instruments (hereinafter “instant electric wires”) after the removal of measuring instruments and prevent the occurrence of fire due to electric leakage, etc. in advance.
Nevertheless, the Defendant neglected this and did not remove electric wires connected to the construction site to the end of the instant electric wires, and did not remove them on March 9, 201, by negligence on or around 12:37, 201, from the electric poles to the construction site, the instant electric wires, which had been cut off only the exhaust tape, are faced with the G external wall panel of the victim F in a strong wind, while the instant electric wires, which had been cut off by the exhaust tape and was shakingd by the strong wind. The flame was spicked to the paper string in a space between the e-mail truck parking lot and the G parking lot, and the said e-mail, the outer wall, equipment, fixtures, etc. of the G panel, etc., was removed.