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(영문) 광주지방법원 해남지원 2019.05.09 2019고단60
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for six 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 operates a restaurant with the trade name of “C” in Jeonnam Navy B and is engaged in cooking food.

On October 13, 2018, at around 10:30, the Defendant put in the kitchen of the above “C”, with a view to creating a fryer which received orders from customers, food milk was dried.

In such cases, there was a duty of care to make food oil in the kitchen such as opening a lid lid of the kitchen and cooking, and reducing or completely extinguishing the gas fire of flammables if it is added to the kitchen, and thus, it is difficult to put the person in charge of cooking.

Nevertheless, the Defendant: (a) closed lids of the cooking apparatus for infrying as above and cooked lids so that edible milk can be dried up to the cooking apparatus; and (b) discovered that the same spreads from the heating cooking apparatus, and did not take measures such as reducing or extinguishing the gas fire for infrying, etc. even if he discovered that the lids of the above cooking apparatus are infrying, the Defendant moved the above restaurant building to the above restaurant building, such as where the lids are dried, and the fire is dried, and then a panel connected with the above cooking apparatus, etc. connected with it, and then the Defendant moved the above restaurant building

Ultimately, the Defendant, due to the above occupational negligence, destroyed the property equivalent to KRW 268,00,00,000, which is the ownership of the victims, including the fire that caused the repair cost equivalent to KRW 238,000,000, which is the above restaurant building owned by the victim D, as indicated in the following table.

A summary of evidence of 268,000,000 evidence, including inside the second floor of the above building D 238,000,000 of the building in South-Namnam-gun No. 1,000,000 of the victim's damage amount (won) and the 268,000,000 of the outer cover of the 2nd floor of the above building and the evab

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. On-site identification reports and comprehensive reports on fire occurrence;

1. Written estimate;

1. Application of Acts and subordinate statutes to each photograph (Evidence Nos. 3, 5, 7);

1. Relevant Articles 171 and 170 (1) of the Criminal Act concerning the facts constituting a crime, the selection of imprisonment without prison labor;

1. Commercial concurrence;

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