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(영문) 대구지방법원 2015.10.22 2015고단1778
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 worker engaged in the classification and adjustment of goods at the Daegu Logistics Center of D, Inc., the injured party in Daegu Dong-gu C.

around 12:04 on January 30, 2015, the Defendant: (a) arranged a tree project, which was accumulated at the entrance of the central entrance of a building at the Daegu Logistics Complex; and (b) performed the work of inserting and burning the scrap in the drum. At the time of the said drum, the fire was accumulated well at a place less than 5 meters away from the said drum, and the wind was forced from the above drum to the drum, and there was no other person than the Defendant in the surrounding area; (c) in such a case, the Defendant had a duty of care to take necessary measures so that the flame may not be moved to the surrounding area until it is confirmed that the fire in the drum was completely discharged.

Nevertheless, the defendant violated this and thereby, was negligent in the course of business of leaving the scene with a view to eating in the drum on the same day at around 12:09 on the same day, and the fire extinguishing in the drum was moved to a winding place on the same day at around 12:24 on the same day, and the fire extinguishing in the drum was carried to a whole of the above Daegu logistics warehouse.

In this way, the defendant, who is the owner of the victim-based company, destroyed all of the 1 logistics warehouse (265,150,000 won in total) and 676,432,302 won in total in the market price owned by the victim-based corporation D, which is in custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Each investigation report (to listen to the G telephone of the head of the D business support team, to attach a copy of lease contract and insurance policy);

1. On the estimated fire department of each internal investigation report, the attachment of CCTV photographs at the scene of occurrence, the attachment of details of the purchase of fire insurance, the attachment of detailed specifications of the situation of fire damage, response to requests made by the National Scientific Investigation Institute for Appraisal;

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