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(영문) 대전지방법원 서산지원 2012.07.13 2011고단717
업무상과실치사등
Text

The defendant shall be innocent.

Reasons

1. The summary of the charges is as follows: (a) the Defendant, who engages in the business of repairing crypers and selling crypers under the trade name “E” in Y, and was engaged in the business of installing boiler at the request of the branch of crypers on several occasions without registering the construction business necessary to engage in boiler replacement business.

At around 11:00 on March 11, 201, the Defendant, occupational negligence, death, etc., upon the request of the Victim F (FF, the age of 41) to replace the boiler, and 50,000,000 won was paid to the boiler room located in the Hean-gun G in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, where the victim resides.

In the event of a defect in the connection between boiler and the main body of the boiler, gas addiction accident may occur and cause a serious danger to others' health and life. Therefore, the defendant, who uses the boiler suitable for the boiler and has a duty of care to prevent the accident by using the exhauster inside the boiler so that the exhauster is well fixed inside the outside exchange hole so that the exhauster is not in excess of the exhauster.

Nevertheless, in order to install a new boiler with such a duty of care as above, the Defendant: (a) the boiler purchased to install a new boiler is at a lower height of 10cc compared to the boiler installed in the boiler room; (b) so far as the distance from the exchange hole applied to the wall of the boiler room is lower; (c) the Defendant newly purchased the boiler, and (d) despite the supply of an adequate length exhauster to the boiler, it is easy for the Defendant to use the boiler in another place, while replacing the boiler to the new boiler, using it for a long period of less than the distance from the mouth of the year of the installation of the new boiler to the surface hole of the wall; and (d) it is difficult for the Defendant to use the worn-out engine as it is, as well as to have the exhaust pipe connected with the exhaust pipe.

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