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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
1. Defendants A is a person who operates a construction business with the trade name of “H,” Defendant B is a person who operates a facility business with the trade name of “I,” and Defendant A entered into a contract with the victim J (47 tax, South and North) around August 2, 2014 to newly construct a model farm house of 35 square meters at K in Gyeong-si, and subcontracted Defendant B with the installation of boiler and the installation of a sewerage pipeline system during the said construction work. The said construction work commenced around January 19, 2015 and completed construction work more than 85% around February 2, 2015.
The construction cost of the said new house is KRW 150,000,000 which can be executed only by the constructor who registered the construction business. Meanwhile, Defendant A overalled the construction of the said new house, and Defendant B performed construction to ensure that the boiler exhaust gas, which is likely to occur in the boiler room at the time of the said house, does not flow indoors, and supervised Defendant B’s construction who subcontracted the installation of boiler and the installation of drainage pipes, and Defendant B had a duty of care to prevent in advance the risks caused by the indoor inflow of boiler exhaust gas by blocking in advance the boiler exhaust gas at the time of installing the boiler and draining pipes so that the air exhaust gas of the boiler exhauster at the time of the installation of the boiler and draining pipes, does not flow externally and indoors.
Nevertheless, Defendant A performed the instant construction without registering the construction business. Defendant A constructed a boiler room adjacent to a kitchen, not a ceiling, to open the wall to the outside. Defendant B is connected with the indoor drainage pipe in the boiler room’s construction of the boiler room’s floor drainage pipe, and the exhaust gas can flow into the indoor air through the boiler room’s floor draining pipe. Thus, Defendant B’s measures are taken to prevent the indoor inflow of exhaust gas generated from the boiler room, such as installing a drainage pipe.