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(영문) 수원지방법원 2018.11.08 2018고단4246
업무상실화
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked as an employee at a D cafeteria located in Mosung City.

On June 17, 2018, the Defendant: (a) attached a fire on a gas train to cook water in the kitchen of the above restaurant; and (b) opened a slicket containing water on that day, and slicked the slicket containing water on that day.

In such cases, the Defendant, who is engaged in cooking at a restaurant, has a duty of care to protect the fire caused by gas supply, such as keeping the fire of gas bags well, keeping the smelled, keeping the smelled, and not leaving the kitchen in a fluence, and preventing the fire from spreading in a fluence.

Nevertheless, the defendant neglected this and neglected it to leave it to another restaurant in the vicinity while moving it to a nearby restaurant, which caused gas fire, added to the wall surface of the above D D D D D D D D D D D D D D D D D D D D D D D D DD and allowed it to move to the E-building.

Ultimately, the Defendant, in breach of his duty of care as seen above, destroyed approximately KRW 12,835,00, such as freezing at the D cafeteria managed by the Victim F, and destroyed part of the E-building owned by the Victim G by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A report on internal investigation:

1. Each investigation report (verification of CCTV images, statement of a fire fighter dispatched to the scene, hearing statements from victims G, etc.);

1. Report on the result of fire-fighting;

1. Written estimate;

1. Application of Acts and subordinate statutes to take on-site photographs and on-site CCTV image data;

1. Article 171 of the Criminal Act, Articles 170 (1) and 170 of the Criminal Act, and the choice of imprisonment without prison labor, for the crime;

1. Circumstances unfavorable to the defendant for the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the defendant among the reasons for sentencing) : The occurrence of a fire is serious and the extent of damage is serious;

(b)no damage has been recovered by the efforts of the defendant. The circumstances favorable to the defendant:

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