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(영문) 청주지방법원 충주지원 2015.11.27 2015고단374
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 is a person who is engaged in the overall management and supervision of factory operation as the factory site of the E-factory located in Chungcheong-gun D.

On November 21, 2014, at around 13:25, the Defendant, while manufacturing the product “F,” which is the actual container container at the above plant, had employees G of the above plant mix the chemical substances at the pre-use stage of the completion of the product by using the mixture (high speed intersection).

At the time, the mixture was installed outside the room and operated in high speed, so if the mixture work outside the room may occur at any time in the process of construction, so a person engaged in the management and supervision of the mixture work has a duty of care to prevent fire in advance during the mixture work, such as designating a person responsible for the mixture and providing education to users in advance.

Nevertheless, the Defendant neglected this and caused the mixture work outside of the room without designating the mixed person, and caused the above chemical substance to be fired due to the sprink which occurred during the rapid operation of the mixed period. As the above chemical substance leaked out of the outside, the Defendant caused the above chemical substance to be fired to E’s factory buildings, facilities, etc. (influence of the amount of damage), and H’s factory buildings, dormitories, J (influence of the amount of damage), K (influence of KRW 2,160,00), K (influence of the amount of damage), L (influence of approximately 2,960,00), water supply facilities and water supply facilities of the mixture (influence of the amount of damage), and damaged the above chemical substance to the public by causing the danger of damage to the public.

(i) the evidence;

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