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(영문) 서울북부지방법원 2021.03.11 2020고정1610
업무상실화
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was engaged in adjoining work on the second floor of the construction site of the factory building building building owned by the victim C in Gyeonggi-si.

피고인은 2019. 11. 18. 15:15 경 위 신축공사 현장에서 문틀 관련 용접 작업을 하게 되었고, 이 경우 용접 업무에 종사하는 사람에게는 용접기에서 튄 불티로 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 this and caused the fire to be spons inside the construction site outer wall of the above construction site by the negligence of using it as it is.

Ultimately, the Defendant destroyed the construction site of a new building, which is a general building owned by the victim, by negligence in the course of business as above, to cover approximately KRW 6 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to take photographs of the scene, investigation reports (Attachment of fire site investigation reports);

1. Relevant Article of the Criminal Act and Articles 171 and 170 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following favorable circumstances: (a) the Defendant repents and reflects the instant crime; (b) the damage appears to have been partially recovered from the restoration of original state after the instant fire; and (c) the fact that there is no criminal record of the same kind of crime; (d) on the other hand, the nature of the crime is minor in terms of the scope of the damaged part caused by the instant fire and the amount of damage

Since it is difficult to see that there are unfavorable circumstances, such as the fact that there is no agreement with the victim until now, the age, occupation, environment, family relationship of the defendant and other circumstances.

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