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(영문) 서울남부지방법원 2017.01.13 2016고정1314
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a gas worker C.

At around 15:00 on October 5, 2015, the Defendant called for the installation of gas from the victim D (54, n, 54) so that gas can be used in the packaging, and came to install a LPG gas supply room in the packing end gas storage room of the victim D's operation installed in front of the F church located in Guro-gu Seoul Metropolitan Government E.

In such cases, a person engaged in the installation of LPG gas stations has a duty of care to prevent accidents by checking the state of pressure control devices, etc. and preventing defects in the installation.

Nevertheless, the Defendant neglected this and caused a fire to the packing part of the victim D operation because of the negligence that caused gas supply pressure higher than the adjusted pressure due to the pressure change in the LPG gas air, while the Defendant neglected it and functioned too short as the seal capacity is too short.

As a result, the Defendant caused the injury of the victim D, about 8 weeks of infection video 2, 3 degrees, etc. to the victim D due to the above occupational negligence, and the Defendant suffered the injury of the victim as to the number of days of treatment, such as f9 years of age, face part, and hand, etc., respectively, to G (V) who is a package-type customer.

Summary of Evidence

1. Each legal statement of the witness D, H, I, and J;

1. A report on investigation (to hear statements from victims) and report on the results of field identification;

1. A reply to a request for appraisal and a result of field identification of a fire accident (2015-14);

1. Application of statutes on site photographs;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 concerning the order of provisional payment;

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