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(영문) 대전지방법원 홍성지원 2015.12.09 2015고단843
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 was engaged in the business of melting the steel frame on the roof of the E body plant operated by the victim D in Chungcheongnam-nam Budget Group C.

From June 2, 2015, the Defendant, from around 13:00 on the roof of the above factory, performed steel melting work on the roof of the above factory. From around 13:00 on June 2, 2015, the Defendant was obliged to take safety measures by means of flame retardation, etc. to ensure that the Defendant, as he was engaged in melting with combustible materials around the working space, such as being exposed with high combustibilitys under the roof, has a duty of care to take care of melting work by taking care of the fire as he was equipped with water, dried sand, fire extinguishers, etc., so that fire may occur as he did not stick to the combustible materials, and that he was obliged to take care of the fire as he did not move to other things around the working space.

Nevertheless, the Defendant did not install flame retardant paints without obtaining a license for use, and did not look at the floor so that the fire extinguishing can immediately be cut out, and did not sprink out to a different place without sprinking water, and destroyed 272,374,000 won of the market price owned by the victim, and 16 parts of the inside machinery, etc., which were inside the roof of the factory by negligence in the course of business and negligence on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Responses to cases requesting investigation cooperation (a copy of the fire site investigation report);

1. On-site photographs;

1. E fire site photographs;

1. Investigation report (the details of the submission of a photograph of damage);

1. Application of Acts and subordinate statutes to investigation reports (where the submission of the F and H statements is made);

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is as follows.

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