logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.02.21 2017고단3221
업무상실화
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:00 on September 4, 2017, the Defendant engaged in cutting the beam beam on the window for restaurant interior works on the second floor of Mapo-gu Seoul Mapo-gu Seoul building.

In such cases, a person engaged in the cutting of the shot beam using the shotline is likely to put the shot beam in the event that there are inflammable substances in the vicinity of the above shotline, and thus, there is a duty of care to check whether there is inflammable substances within the scope where the shot is possible during the cutting of the shotline, and if there is such substances, there is a duty of care to prevent the possibility of extinguishing the said substances by preventing the shot from shotfing them by using the shot light or by removing parts of the surrounding internal organs.

Nevertheless, the defendant did not perform the above duty of care and transferred the flames generated in the course of his work by negligence in the course of his duties to the soundproofs of the interior walls of the building. At around 10:00 on the same day, the defendant destroyed part of the inner walls (5 meters wide, 7 meters long) of the second floor, the third floor, and the fourth floor.

Ultimately, the Defendant destroyed part of the walls of the building used by 8 persons, such as C, etc. due to the above occupational negligence (around 30 million won of damage).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Articles 171, 170 (1), and 164 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of a credit cooperative without prison labor for punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution does not seem to have caused property damage equivalent to about 30 million won to the victims due to negligence in the course of the classical work, and the defendant did not complete recovery from damage to the victims.

arrow