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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the owner of the five-story commercial building located in D at all times, and the manager of the building who is engaged in the above building leasing business, and E is a person who engages in the construction business under the trade name of limited liability company F.

On March 28, 2015, at around 08:00, the Defendant removed two of three plastic water tanks ( approximately 1.5 meters in diameter and approximately 2 meters in height) installed on the fifth floor of the building above the lower 5th floor, and requested E to remove two water tanks to perform waterproof construction on the rooftop floor, and one construction is left.

Therefore, E removes two water tanks from which they are responsible for construction, one shall be moved to the roof of the boiler room in the middle between the five and the four floors, and the construction shall be completed on the same day.

The defendant, as the manager of the above building, has a duty of care to manage the building's outer wall or structure installed in the building in a safe manner.

Nevertheless, the Defendant did not properly fix the water tank that was moved on the roof of the boiler room between the fourth and the fifth floor of the above building and neglected it on April 2, 2015 by negligence, which caused the water tank to fall down below 15 meters following the building by shaking the wind.

E, as a facility business operator, has a duty of care to move the remaining water tank to a safe place or set it so as not to fall when the facility business operator is requested to remove the water tank and partially leave the tank.

However, E transferred the water tank above the roof of the floor area narrow and the stove boiler room and did not take any measures, so the water tank stoves down with the wind.

The Defendant, together with E, caused the victim H (30 years of age) who had been a guest in the 1st floor G restaurant of the above building, who had smoked in the parking lot, to suffer injury, such as the “absation of the boness of reproduction and bones of the parts on the side” requiring a 6-day medical treatment.

Summary of Evidence

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