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집행유예
(영문) 서울북부지방법원 2016.8.25.선고 2016고단1690 판결
업무상실화
Cases

2016 Highest 1690 Occupational shoes

Defendant

A person shall be appointed.

Prosecutor

OO (prosecutions) and ○○○ (Public trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

August 25, 2016

Text

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

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

Reasons

Criminal History Office

The defendant is a person who works as a principal employee from ○○○○-ro, Seoul Special Metropolitan City, Nowon-gu, ○○○○ ○○○, operated by the victim B on the ○○○ floor.

On March 23, 2016: (a) around 55: the Defendant: (b) laid oil to be protruding in the kitchen while preparing for business at the above place; (c) laid down in one Ga, which is kept on the kitchen, in order to prevent the oil temperature from being heated; and (d) performed an occupational duty of care to look at it, the Defendant neglected to put the temperature into the Ga, and caused a flame to be protruding, and put a flame to the 25 square in the entirety of the above business place, by putting the oil to the Ga, which was fry, due to the heat of the oil, and the flame to the Ga to the Ga, etc. of the building.

Ultimately, the Defendant, by such occupational negligence, destroyed approximately KRW 1770,000,000 in the market price, which is the victim’s ownership, by burning it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B and C;

1. Comprehensive report on fire occurrence;

1. On-site photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 171 and 170 of the Criminal Act; Selection of imprisonment without prison labor

1. Suspension of execution;

1. Scope of applicable sentences by law: From January to three years of imprisonment without prison labor;

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

A punishment as ordered shall be determined by taking into consideration the overall circumstances shown in the arguments of this case, such as the defendant's age, family relation, and inclination, that the defendant has already been subject to criminal punishment except for a crime of violation of the Road Traffic Act (non-licensed driving) in 2009, that the defendant has not been subject to criminal punishment, that the defendant does not want the punishment of the defendant, that the defendant does not want to be punished, and that the defendant's age, family relation, tendency, etc.

Judges

Judges Kim Jong-ran

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