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(영문) 전주지방법원 군산지원 2014.09.25 2014고정305
총포ㆍ도검ㆍ화약류등단속법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person in charge of powders control and security of C company.

A person in charge of powders control and security shall supervise the overall handling of powders, and faithfully perform the supervisory duties concerning the safety as prescribed by the Presidential Decree.

Nevertheless, around January 24, 2014, around 18:30, the following was made to blast E, a field manager, in the absence of the defendant at the work site of the next-si D Special Metropolitan City D Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

1. Article 71 subparagraph 4 of the Control of Firearms, Swords, Explosives, etc. Act and Article 31 (1) of the same Act concerning facts constituting an offense;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day);

1. Article 59(1) of the Criminal Act (amended by Act No. 59(1) of the suspended sentence) of the same Act (amended by Act No. 59(1) of the same Act) provides that the powders used in this case are less than 6 km of precision explosives to separate raw rocks, not for extracting aggregate with large explosions, and for which the Defendant all supervised and delegated all the final blasting work to the site warden. However, one of the reasons why blasting work is strong during the absence of the Defendant, one of the reasons why blasting work is strong, has already been installed, and milch may cause any other danger in the process of removing the powder, and that no life or property damage has occurred due to the instant case, and all precedents for punishing the Defendant and the person in charge of powders control and security related to the same person in charge of powders control and security do not indicate within the last few years the suspended sentence

In general, if the defendant of the case in question has no criminal record of the same kind of crime and there is no criminal record to see the poor, and even if the damage occurred, if the damage is minor or the damage is recovered, the license is revoked due to the sentence of a fine.

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