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(영문) 서울서부지방법원 2013.07.17 2013고정969
업무상실화
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person employed by the construction execution business chain C as a day duty and engaged in contact duties.

On October 29, 2012, around 14:55, the Defendant had a duty of care to prevent the occurrence of a fire in advance, as a fire may occur on the sedgeds, while putting a fire from the stairs of 5th floor of the Mapo-gu Seoul Metropolitan Government New Construction Work site, the Defendant had a duty of care to prevent the occurrence of a fire.

Nevertheless, the Defendant neglected to do so at the above location while melting it, and caused a fire by the market price of the victim C owned by the victim Co., Ltd. (14m high, 10m high, e.g., the victim E, who was parked in the parking lot due to the fire, and caused three roofs and beamss of the vehicles located on the victim E, which were far away from the window.

As a result, the Defendant destroyed a car owned by the victim H to approximately KRW 1,751,570 to repair cost, and destroyed one car owned by the victims to cause public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on the occurrence of fire, on-site, and statutes governing damage photographs;

1. Articles 171, 170 (2), and 167 (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 an alternative fine for punishment;

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

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