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(영문) 창원지방법원 진주지원 2020.03.19 2019고단1268
업무상실화
Text

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

Reasons

Punishment of the crime

around 15:00 October 30, 2018, the Defendant, “B,” who is engaged in the construction business, employed C and D as a part of a daily worker, was engaged in the installation of a base line inside the warehouse building.

In the above warehouse where the defendant works at the victim's request, many combustible materials are stored, so when melting work is conducted for the manufacture of steel base, he/she shall not put combustible materials within 10 meters, which are the causes of fire, and when it is difficult to remove, he/she has a duty of care to prevent fire by taking safety measures to prevent fire by taking protective measures such as preventing and spreading, etc.

Nevertheless, while cutting steel agents, etc. installed in the above warehouse with electric melting machines during the process of installation of a base line, the Defendant removed combustible materials within 10 meters from the radius of the melting work, or installed sufficient devices to prevent incombustible materials from being moved to combustible materials, and caused fire to be moved to combustible materials by putting them to the whole warehouse.

Ultimately, the Defendant: (a) destroyed the entire Hdong and part of the adjacent Idong owned by the victim by occupational negligence so that the repair cost is equivalent to KRW 131,014,00; and (b) destroyed all raw materials, such as packing materials of KRW 770,235,00 in the market value of the victim’s claim in the warehouse; and (c) juices, such as juices, juices, and sewage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. The police statement concerning F;

1. A fire site survey report and a report on the results of field identification;

1. Application of each of the Acts and subordinate statutes of Part I to the list of damage caused by contact work safety education materials, written estimates, and fire incidents;

1. Criminal facts;

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