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(영문) 청주지방법원 충주지원 2018.05.30 2017고단780
업무상과실치사
Text

Defendant

A and B shall be punished by imprisonment without prison labor for eight months.

However, it is against Defendant A and B for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a contractor who has been in charge of boiler pipes replacement and connection construction during the construction of converting LP gas facilities from the second floor of building E (hereinafter referred to as the “instant building”) in the Chungcheongbuk-si, Chungcheongbuk-si, and Defendant B is the entire contractor of the said converted construction.

As above, in performing the construction work converting the LP gas into urban gas facilities, the operator has a duty of care to faithfully take safety measures following the change of gas-using facilities, such as removing the P gas facilities after completing sound measures to prevent the existing LP gas reduction room.

Nevertheless, on October 31, 2016, Defendant A and B removed the LP gas pipelines connected to boilers at the construction site and did not take measures to prevent them from installing the LP gas pipelines in the process of installing the gas pipelines.

Defendant

On May 20, 2017, around 13:20 on May 20, 2017, the victim F residing on the second floor of the instant building: (a) the victim F, who was living on the second floor of the instant building, turned out the gas bags; (b) there was a fire breaking out the gas leaked from the gas pipe not taking measures to prevent as above (hereinafter “the instant fire”); and (c) the victim suffered 60% of the dried image due to the said accident.

Accordingly, around June 22, 2017, Defendant A and B jointly caused the victim to die from a parous blood show showe in the Han River University of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to a 7-lane 12-ro, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. The respective legal statements of the defendant A and B;

1. Statement of the police statement related to G;

1. A report on the results of field identification;

1. A report on internal investigation (a document of death and a copy of an urban gas supply contract);

1. Report on the final result of the Korea Gas Safety Corporation;

1. Application of Acts and subordinate statutes to field photographs, photographs of team pictures of the Chungcheongbuk-North Korea, and photographs of changeers;

1. Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning criminal facts.

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