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(영문) 대구지방법원 경주지원 2020.04.01 2019고단478
업무상실화
Text

[Defendant A]

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2.Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A From April 13:00 on April 4, 2019, from around 13:00, from the point of view that the Defendants were to engage in the business of repairing the freezing equipment of a vessel, and from the point of view that the Defendants came out of the above engine room to take a rest at around 13:50 on the same day while the Defendants were to engage in the business of supervising and supervising the above operation on the spot.

In light of the above, the contact work is likely to cause a high heat, a fire by fire, or explosion, and scattering dust generated in the course of the contact work is highly likely to cause a fire by generating a fire after a considerable time from a heat. As such, in a case where the fast-end agency room conducts a sprinking work with the surface of the wall of the agency room, and the sponsing work for 50 minutes, and where the sprinkling work was obstructed, the Defendant A has a duty of care to prevent the occurrence of a fire in advance by comprehensively observing whether there is no remaining fire in the agency room, whether there is no risk of a fire, and whether there is no remaining fire in the agency room. Defendant B had a duty of care to directly or by the Defendant A to observe the risk of a fire, to prevent the occurrence of a fire in advance by monitoring and supervising the remaining fire.

Nevertheless, the Defendants did not jointly neglect the fire remaining in the engine room and caused the above melting work to be taken place out of the engine room due to occupational negligence, and destroyed the inside of the said engine room to the extent that the repair cost of approximately KRW 418,370,030,030, is equivalent to the repair cost of KRW 418,370.

Summary of Evidence

[Defendant A]

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1.Each of A, B, and E.

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