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(영문) 의정부지방법원 2021.01.14 2019노3034
업무상실화
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts) the evidence submitted by the prosecutor, the fact that the instant fire occurred by negligence in the course of the Defendant’s improper work.

2. Determination

A. The lower court’s judgment cannot exclude the possibility of combustion due to electrical factors, and there is a considerable interval between the perspective that the Defendant completed the contact work and the witness’s view that the instant accident occurred in an adjacent office, and there is a considerable interval between the view that the Defendant was presumed to have left the site of the instant accident, and thus, in the instant case where there is no proof of special circumstances, such as that the sandd position panel was constructed on the lower part of the lower part, the fire caused by the Defendant’s contact work.

It is difficult to conclude it.

The decision was determined.

B. However, in full view of the following circumstances acknowledged by AA’s statements and records, it can be recognized that the Defendant’s negligence caused a fire.

1) Some provisos that may suspect the possibility of outbreak due to electrical factors may be excluded when comprehensively assessing the field situation, and the possibility of outbreak due to other factors is extremely rare.

A) The content of the report on investigation of a fire accident in the Korea Electric Safety Corporation: (a) The point presumed to be the first place of combustion is presumed to be the discovery of electric factors, in full view of the fact that there is no electric installation unless electric power lines are used for the first place of combustion; (b) there is no electric power plant excluding power lines for the use of melting machine; and (c) there is no electrical peculiar power plant string lines, air

② Although the melting melts were identified in another warehouse (I) around the first place of combustion, most of the melting tracess (referring to the occurrence of a fire due to electrical factors) which causes a fire are presumed to have occurred at the same place of two different wires, the distinctive melting melts are presumed to have occurred at different points of each other.

(3) The court shall prepare the above report.

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