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(영문) 대구지방법원포항지원 2020.10.29 2019고단1725
업무상실화
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2019, from around 08:00 on January 26, 2019 to around 11:20 on the same day, the Defendant, along with B and C, engaged in a pipe-folding work, fixing the vision of building outer walls on the rooftop of the building construction site in Nam-gu, Nam-gu.

At the same time, the outer wall was affixed with a string and the string can string off in the event of a stringing work. In such a case, there was a duty of care to prevent fire in advance by taking safety measures to prevent the string from being protruding off to those who do the string work.

Nevertheless, the defendant, who is the team leader and the overall manager of the complex board team team, ordered B and C to use pipes on the rooftop, and as a result, B and C were engaged in a melting work without using the prevention capture on the outer wall on the upper rooftop where a short heat was installed without neglecting the above duty of care, and as a result, fire caused by the high temperature fire from the sponsing fire to the outer wall in the vicinity of the above construction site, caused approximately KRW 464,001,00 to be all of the above construction site.

Accordingly, in collusion with B and C, the Defendant destroyed the above construction site construction materials by negligence in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. E prosecutorial statement;

1. Each police statement of the F, G, H, and I;

1. Each internal investigation report (106 pages, 114 pages);

1. Each appraisal report, on-site inspection report, and a fire site inspection report;

1. Technical guidelines on fire prevention in the course of melting or melting operations;

1. Expenses for fire restoration;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Articles 171, 170 (2), and 30 of the Criminal Act for the selection of criminal facts (to choose a sentence of imprisonment without prison labor, to consider the degree of negligence and the scale of damage);

1. Article 62(1) of the Criminal Act:

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