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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not take measures to reduce the wind effect by putting a vinyl over the top of the steel structure of this case over the top of the steel structure of this case, and the Defendant increased the load due to the Defendant’s breach of occupational duty as above, thereby causing damage to the steel structure of this case and resulting therefrom.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. On October 2, 2015, the summary of the facts charged in the instant case, which was scheduled to be held on October 2, 2015, N Co., Ltd. received a demand for the installation of a steel structure to install lighting in P located in the O at door-to-door. A Co., Ltd. received a demand for the installation of lighting in the said structure. A Co., Ltd. was a field manager of N Co., Ltd., and the Defendant was in charge of the installation of steel structure in the said P, as the head of AA’s technical department, and the Defendant was in charge of the foregoing installation of lighting in P.
B From September 21, 2015 to September 25, 2015, the pertinent P installed steel structures of approximately 8.28 meters in width, approximately 6 meters in height, and approximately 2.07 meters in width, and had a duty of care to take and manage measures to ensure that steel structures are not used due to wind, etc. by fixing steel structures using wire, etc., such as a design drawing, to the P rail, and the Defendant has a duty of care to take measures to ensure that steel structures are not used due to wind, etc., and the Defendant has a duty of care to take measures to protect lighting if lighting is installed (the total weight of lighting installed from around 26th of the same month to around 29th of the same month) while installing lighting in the steel structure from around 29th of the same month, he/she had a duty of care to take appropriate measures and manage to prevent the use of lighting name and steel structure due to strong wind, etc.
Nevertheless, B installed steel structures without connecting excessive fishing, etc. for reasons of inconvenience in passage, etc. to the behind portion of the above P-O zone, and the Defendant around September 17, 2015.