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(영문) 서울북부지방법원 2016.08.25 2016고단1690
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works in the “E” house operated by the victim D in Seoul Special Metropolitan City, Nowon-gu, the first floor as a main employee.

At around 15:55 on March 23, 2016, the Defendant, while preparing for business at the above places, put the oil to be protruding on the Ga, which is kept on the kitchen, in the forepart, entirely collected the oil in the Ga, so as not to exhaust the oil temperature, and had a duty of care to look at it. However, even though the Defendant had a duty of care to look at it, the Defendant, while neglecting this duty of care, did not put the oil to the Ga in the Ga, so the flame is overfry, and the flame was put to the 25 square in the entirety of the above business place.

Ultimately, the Defendant, by such occupational negligence, destroyed a house of approximately KRW 170,000,000,000 in the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. Comprehensive report on fire occurrence;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to three years of imprisonment without prison labor; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. The sentence shall be determined as per the disposition, considering the overall circumstances shown in the arguments of this case, such as the defendant's age, family relation, tendency, etc., that the defendant, who was sentenced to punishment, is deeply divided and reflected in his own criminal conduct, reported to 119 immediately after the crime of this case, and that the defendant voluntarily made efforts to suppress a fire by using a fire extinguisher, and that the defendant has no record of criminal punishment except for criminal punishment for a crime of violating road traffic laws in 2009; that D does not want to be punished; that the defendant does not want to be punished; and

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