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(영문) 부산지방법원 2013.10.10 2013노830
업무상과실치사등
Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. As seen earlier, the Defendant asserts that the Defendant was guilty of all the facts charged of the instant case by asserting that there was no safety control obligation under the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (hereinafter referred to as the “Fire-Fighting Systems Act”) with respect to the warning facilities and impact sound breaker, such as an emergency exit, portable emergency illumination, and fire-resistant breaker, etc. within the singing shop as indicated in the facts charged of the instant case, and that the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The prosecutor's grounds of appeal (unfair form) occurred when nine (9) persons died and 24 (24) of the instant fire were injured. This is a major reason for the maintenance and management of the fire-fighting facilities, including portable emergency lighting, etc. among three emergency exits within the singing place, the lack of maintenance and management of the fire-fighting facilities, including portable emergency lighting, and the failure to take measures for evacuation against the employees. The fire safety controller of the instant singing place is serious in breach of the defendant's duty of care not to thoroughly perform the duty of maintenance and management of emergency and fire-fighting facilities, but to perform evacuation training against the business owners and employees; the degree of violation of the defendant's duty of care should be taken into account; the defendant is sentenced to four (4) years of imprisonment with prison labor; considering that the defendant's denial of the instant crime under circumstances in which the victim and his bereaved family members have not been agreed, it is unfair to impose a fine (5 million won).

2. The summary of the facts charged of this case is as follows: Defendant A, on March 2003, serving as the director of the management office of the building of this case located in Busan Jin-gu, Busan, and on June 5, 2003, acquired the certificate of the second class manager of the fire-fighting management from the Korea Fire-Fighting Association.

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