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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The automatic temperature control of the electric stoves installed in the stoves room where a misunderstanding of facts was caused is attached to a stoves room, and it cannot be said that there was a negligence in breach of the duty of due diligence on the part of the Defendant in relation to the failure of the stoves to separately install the stoves and the stoves around the stoves room. Even if the Defendant was negligent on the part of the Defendant, there is no causal relationship between the Defendant’s occupational negligence and the
B. The lower court’s sentence (5 million won of fine) imposed on the Defendant is too unreasonable.
2. The Defendant, as the head of the facts charged, is a person who is in the position of supervising the safety execution of the pertinent construction as the director of the site office of the bathing and repair construction site of the E Welfare Center located in Dongcheon-si.
The Defendant, upon the Defendant’s work instruction, has a duty of care to manage and supervise the entire construction work in order to prevent the occurrence of a fire by high heat by operating an electric 24-hour electric stove and operating a high temperature, in accordance with the installation manual in order to prevent the occurrence of a fire by high heat, and install an automatic temperature control device outside the shooting room in accordance with the installation manual, and install a water supply system for the prevention of excessive heat (a device for the prevention of excessive heat by forcing the internal air by forceing the internal air in the principle of discharge of hot air by entering the stoves below), as well as to install a wooden stoves attached to a wooden part to prevent the stoves from spreading into high heat.
The Defendant, from November 30, 201 to February 23, 2012, installed a stophere electric stophere, one of the bathing process, and had F, the installation business entity, install it, must confirm whether the stophere is installed in accordance with the manual. However, F, the stophere in the stophere room.