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(영문) 부산지방법원 2013.05.23 2012고단9750
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who performs the overall control over the removal of a factory as a D operator in Yangsan-si, and E is a person who performs the removal of a factory as a staff member of the above D.

On September 10, 2012, the Defendant, along with the foregoing D employee E, performed the removal work of H’s personal factory removal work from the early police officer F in Busan Sho-gu G with his office, on September 13:30, 2012, using a mountain folder in the second floor of the foregoing personal plant.

There is a place where the inner wall of the factory is inflammable with strong flammables, and since the fire is carried out with the steel-frame cutting work by using the sponsing machine of a place where the fire is easily inflammable, a person in charge of the management of the above removal work or a person who directly carries out the removal work has the duty of care to prevent the fire from spreading to the wall, such as blocking the wall surface around the construction site as incombustible materials, continuously posting persons to check whether there is a risk of fire in the surrounding area, and to prevent the fire from spreading by performing the cutting work.

Nevertheless, the Defendant neglected to take any measure and caused E, an employee E, to do so with a steel plate cutting work with a mountain bed and added to the inner wall of the factory with a emertan pump and then re-enter it to a nearby factory, etc.

After all, the Defendant, in collaboration with E, destroyed the victim I’s J factories and raw materials equivalent to KRW 236,308,910, and the victim K-owned L factories equivalent to KRW 34,087,385, etc., which are the victim’s damage, and damaged the total amount of KRW 280,396,295.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol of the accused and E;

1.O, E, I, K.

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