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(영문) 의정부지방법원 2015.01.12 2014고단3245
업무상실화
Text

Defendants shall be punished by imprisonment without prison labor for four months.

However, the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who engages in collecting secondhand water, and Defendant B is a person employed by Defendant A to perform the duty of collecting secondhand water and cleaning and removing Defendant A.

Defendant

A was entrusted to clean and remove a construction equipment repair plant in Scheon-si E, the owner of the victim D by C, who is an employee of the Korean rental company, and decided to clean and remove the said repair plant together with Defendant B.

On June 3, 2014, at the above repair plant around 09:50, the Defendants ordered the Defendant B to dismantle the diversified season using an oxygen router to remove the diversified machine, and Defendant B ordered the removal of the diversified machine by using the oxygen router.

The Defendants had a duty of care to take measures to prevent scattering, such as melting, shielding, fire spreading, etc., when they perform fire work inside a building where combustible materials are installed, with a large amount of dust, and with a duty of care to take measures to prevent scattering, such as melting, melting, and fire spreading, inside a building where combustible materials are installed.

Nevertheless, the Defendants neglected to do so and cut the source of dust to a mountain beer than 17,921,490 won in total of market prices of G factories owned by victim D, such as dust or sand location plate, and destroyed approximately 5,180,000 won in total of market prices, such as G factories owned by victim F, by setting fire to nearby walls and installing a cover for the prevention of melting scatterings, without any appropriate safety measures, such as installing a cover, etc., in the above repair plant. By doing so, the Defendants destroyed KRW 11,416,00 in total market prices, such as the roof of the warehouse in the sand site of the I factory owned by the victim H, and destroyed the fire equivalent to approximately KRW 1,416,00 in total,00 in market prices, such as the roof of the warehouse building of the victim H.

Accordingly, the Defendants conspired with each other to perform the above duties.

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