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(영문) 의정부지방법원 고양지원 2016.04.08 2016고정188
업무상실화
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant is a person who engages in plastic recycling business under the trade name of “C” from Papju City B.

On April 27, 2015, the Defendant instructed employees D to relet up with all of the plastic voltages at the above “C” plant around 07:15. In such a case, the Defendant had a duty of care to prevent fire, such as placing a supervisor, and keeping a fire with all inflammable materials in the vicinity, while taking measures to ensure that the fire may occur after the machinery was overheated, and then being moved to combustible materials in the surrounding area.

Nevertheless, the Defendant neglected to do so, and neglected to do so, sent the above employees D with the negligence of ordering an employee D to conduct the heating operation, leaving the site by leaving the site, and then moved the pressure-generating machine to a vinyl, etc. where the pressure-generating machine was overheated, and the above fire was transferred to the “C” factory building and the “F” factory located immediately adjacent to the victim E.

Ultimately, the Defendant’s negligence in the above occupational negligence destroyed the amounting to KRW 28,085,112 at the market price of the “C” factory building owned by the victim E” and the “F” factory building equivalent to KRW 71,08,651, and KRW 20,258,864, and KRW 28,085,112 at the “F” factory building.

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 D;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article of the Criminal Act and Articles 171 and 170 of the Criminal Act concerning the facts constituting a crime. Article 171 of the Criminal Act (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (the amount of fine shall be determined in consideration of the following: (a) agreements on the crime committed by the victim G and the instant case; (b) the content and degree of occupational negligence is not likely to be subject to criticism; and (c) the damage of the Defendant shows a large and contrary attitude; and

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