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Defendant shall be punished by imprisonment without prison labor for six months.
However, 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, as a piping hole, was engaged in melting operations at a stable of the victim C in Hong-gun, Chungcheongnam-gun.
피고인은 2017. 4. 29. 15:45 경 위 축사에서 출입문 설치 작업을 하면서 출입문의 상부 틀을 지붕에 고정시키는 용접 작업을 하게 되었으므로, 이 경우 용접 업무에 종사하는 사람에게는 용접기에서 튄 불꽃으로 인하여 화재가 발생하지 않도록 주변을 잘 살피고 불이 붙을 수 있는 물질 등을 제거하고 안전하게 용접을 함으로써 화재를 미리 방지하여야 할 업무상 주의의무가 있었다.
Nevertheless, the Defendant neglected to use it as it was, and caused a fry to fry with a fluor that the flame of the melting machine was around.
Ultimately, the Defendant, by occupational negligence, destroyed one stable, which is a general building owned by the victim, to be repaired in an amount equivalent to KRW 16,164,500, and at the same time destroyed the same time the total market price of the general goods owned by the victim, which is KRW 18,70,000, and thereby causing public danger.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to C, D, and E;
1. On-site photographs and reports on the results of field meals;
1. Application of Acts and subordinate statutes to a criminal investigation report;
1. Articles 171, 170(1) (in the course of performing duties for general buildings) of the Criminal Act and Articles 171 and 170(2) (in the course of performing duties for general goods) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a credit cooperative without prison labor for punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is not holding national technical qualifications by contacting professional engineers, etc. and was negligent in failing to take necessary safety measures prior to contact work
It is not possible to deal with fire insurance for damaged objects, and damage is not caused.