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(영문) 대전지방법원 천안지원 2019.10.16 2019고단1360
업무상실화
Text

Defendant

A A Imprisonment without prison labor for six months, and Defendant B shall be punished by imprisonment without prison labor for four months.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2019, at around 09:30, Defendants were engaged in contact work for the establishment of a single panel on the fifth floor outer walls of D extension work located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu.

At the same time, the wall has a string of fire that is easily burned, and the string of fire can be sprinked. In such a case, there was a duty of care to prevent fire in advance by taking safety measures to ensure that people who are engaged in the string work should be kept in the vicinity of the work site by putting about approximately 1,000 water, such as covering or extinguishing the string of fire in order to prevent the string of fire. (The string work safety textbooks issued by the Korea Occupational Safety and Health Agency have a duty of care to prevent fire in advance by taking safety measures against fire accidents.)

The Defendants neglected to do so and did not use a melting device in the vicinity of a fire that is easily burned, but did not prepare approximately 2L water equivalent to that of extinguishing a fire, and carried out a melting work, and as a result, carried out a melting work, the fire that was caused by a high temperature fire from the wall sponsed with a high temperature fire that was in the vicinity of the construction site, caused approximately 686,869,609 won to spread to the whole site of the construction site.

Accordingly, the Defendants conspired and destroyed the above construction site by negligence in the course of business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A criminal investigation report (verification of the duty of due care), a person with contact and safety countermeasures;

1. On-site inspection reports and fire site inspection reports;

1. On-site photographs;

1. Application of the written estimate statutes;

1. The Defendants: Articles 171, 170 (1), 166 (1), and 30 of the Criminal Act;

1. Defendants of the suspended sentence: Criminal Act.

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