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(영문) 대구지방법원 2016.05.12 2015고단6133
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for nine months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2015, around 10:15, the Defendant instructed the Vietnamese “E”, a staff member of the Defendant, to attach a steel net away from the grasium installed on the rooftop, at around 10:15, in order to attach a steel net installed on the rooftop.

Since there is a high possibility that fire may occur due to the mediating agents such as gas, paint gas, etc., and there was a shot dust, etc. around the sloping season, there was a duty of care to keep the safety rules on the contact work by sufficiently keeping the fire extinguishers or other things that can remove the inside of the shot machine and the surrounding combustible materials, etc., and to prevent fire by supervising the field.

Nevertheless, the Defendant did not instruct employees “E” to observe safety rules, and removed combustible materials inside and around the grown season, and did not fully prepare safety measures to prevent fire extinguishers or fire, and sprinked them into the remaining gas in the graid season due to the flame that occurred in the gracking part, and thereby, the entire building fire caused.

The Defendant appears to be the wife F of the Victim F due to the above occupational performance and room (13th page of the investigation record). G building owned by the Defendant (2,087,180,777) and “P” specified as the victim in the indictment of the Victim H appears to be the trade name of the personal company operated by the Victim H (2nd page of the investigation record) (30th page of the investigation record). The goods within the factory operated by the Defendant (35,983,40 won of market price or repair cost), the passenger car of the Victim I (1,71,73 won of the repair cost), and the “P” specified as the victim in the written indictment of the Victim J is the trade name of the personal company operated by the Victim H.

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