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(영문) 수원지방법원 성남지원 2019.05.14 2019고단319
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who works as the head of the Pitcop team of the "Dmat" operated by the victim C in Gwangju City, and is engaged in the work of washing, etc. of the bond by heating water using the heat system.

At around 22:00 on December 16, 2018, the Defendant left the plastic box that contains water from the corridor scambling scam of the said marina warehouse and left the scambling team (hereinafter referred to as “scambling team”) in order to store water at the working hours, but the Defendant was negligent in leaving the scambling as it is without turning all of the scambling and leaving the scam on the scambling box and the building of the said plastic box at the heat of the said scambling team.

Ultimately, the Defendant: (a) destroyed goods with an amount equivalent to KRW 320 million at the market price, which is the property owned by the victim C, and the victim E’s market price; and (b) destroyed Mat buildings and warehouses equivalent to KRW 52 million at the victim E’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. On-site photographs, on-site reports on results, CCTV images caps (44 pages of investigation records), appraisal records (100 pages of investigation records);

1. Application of a detailed statement of damage (67 pages of investigation records), each written estimate (77, 79 pages of investigation records), and a certified copy of the register (137 pages of investigation records) shall be applicable to statutes;

1. Articles 171 and 170 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, was serving as a marina employee, destroyed the said marina building and warehouse by setting fire in the said Mat and warehouse, and suffered property damage worth KRW 872 million in total to the victims.

This is the principal situation.

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