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(영문) 대전지방법원 2013.10.10 2013고정1340
업무상실화
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who works as a contact officer.

On March 22, 2013, at the construction site of Daejeon Dong-gu, Daejeon, the Defendant received services from the victim D, and used contact work to fix the Vs of the efrigerer owned by the victim.

이러한 경우 용접 중 불꽃이 튀어 화재가 발생할 우려가 있으므로, 물을 뿌리는 등 화재발생을 막아야 할 업무상 주의의무가 필요함에도 불구하고, 이를 게을리 하여 굴삭기 엔진룸으로 튄 용접불씨에 의해 화재가 발생하였다.

As a result, the Defendant neglected his duty of care and stated the market price of KRW 1.10 million at an investigative agency to KRW 1.3 million. However, the Defendant stated that the market price at this time is KRW 100,000 to KRW 1.110,000.

A considerable amount of scambling machine was destroyed by fire.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the examination and inspection of State agencies;

1. Relevant provisions of the Criminal Act and Articles 171, 170 (1), and 166 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following circumstances acknowledged by the record of conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order are determined to have been first emitted and burned in the upper part of the part of the boom connection with the entire conference and the boom connected, and the Defendant used the booming work in the above-mentioned part, and ② in the course of the booming work, there is a risk of fire due to the scattering to be stuck to the combustible materials near the flame in the vicinity of the booming fire, so the melting worker should prepare the water tank, fire extinguishing machine, building sand, and flame retardant, etc. within the scope of his work, and whether the booming work is being scattered with the fooming combustible materials around the flame during the booming work.

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