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(영문) 광주지방법원 목포지원 2015.11.10 2015고정207
업무상실화
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B received a request from the victim E who operates D as a building company to extend the building of the gold-dong factory from the victim E, and ordered the defendant A to cut part of the steel-frame structure using the mountain ste cutting machine.

From around 08:40 on August 7, 2014 to around 09:40 on the same day, Defendants were negligent in carrying out the work under the prior removal of plastic board by predicting that the strong flames generated in the process of performing the work of cutting steel structures using the oxygen cutting machine to Defendant A, while ordering Defendant B to carry out the work of cutting steel structures using the oxygen cutting machine, which is inflammable objects, and Defendant A neglected to carry out the work. Although Defendant A anticipated that the flames generated in the process of cutting the plastic board was moved to the plastic board, Defendant A was expected to have moved to the plastic board to the plastic board, Defendant A neglected to remove the board and move it to the mountain cutting work. However, Defendant A neglected to do so.

As a result, the Defendants: (a) destroyed part of the building of the gold-dong factory in the amount of damage caused by the above occupational negligence.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement;

1. Each legal statement of witness E, A and G;

1. Each police interrogation protocol against the Defendants

1. Each police statement of E and G;

1. On-site photographs and a fire site survey report;

1. Application of Acts and subordinate statutes to report internal investigation (the results of identification at the scene of a fire) and report internal investigation (the relative search and investigation of caters);

1. Relevant provisions of the Criminal Act and Articles 171, 170 (1), 166 (1), and 30 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do124, Apr. 21, 201; 201Do124, Apr. 1, 201

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

1. The Criminal Procedure Act shall apply to the order of provisional payment (defendants).

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