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(영문) 부산지방법원 2015.11.12 2015고단5318
업무상실화
Text

Defendant

A A shall be punished by a fine of KRW 5 million and by a fine of KRW 4 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates the E-vehicle in Busan-gu, and Defendant B is a person who is engaged in the work of cutting steel structures in the above scrapping area on a daily basis.

At around 17:00 on February 3, 2015, Defendants were engaged in cutting steel structures (up to approximately 6 meters in height, about 9 meters in width) at the above E-vehicle, and Defendant B carried out cutting of structures using a oxygen cutting machine, and Defendant A carried out cutting of structures, and Defendant A carried out the cutting of structures to prevent any contact with adjacent factory outer walls by putting the string of structures below and cutting off structures.

In conducting the cutting work of structures using a oxygen cutting machine, the Defendants were obliged to pay due care to confirm whether the flames of high heat generated in the course of the work fall within the scrap sheet or are in danger of fire by protruding oil around scraping, and thus, there is a danger of fire to do so. Despite the duty of care, the Defendants neglected to confirm whether all the flames generated in the course of cutting the structures after the completion of the work and leaving the site without confirming whether all the flames generated in the process of cutting the structures have taken place after the completion of the work, and setting fire to 30,000 won in total and 30,000 won in the wall of the above structure at around 17:20 on the same day, while the flames generated in the field of the cutting work of structures at around 17:20 on the same day, and set fire to 30,000 won in width and 4,000 won in addition to the wall of the victim H’s wall operation and setting fire to 30,000 won in total and 3150.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Each statement of statement;

1. Application of Acts and subordinate statutes of the investigation report (No. 6,8,11,13,15,17, 18)

1. Defendants of the pertinent legal provisions concerning criminal facts: Articles 171 and 170(1) of the Criminal Act.

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