logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.04.27 2017고단1912
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as a management director of the (State) D in Tong Young-si from March 2013 to August 10, 2017.

The aforementioned D collected wastes, such as paper, plastics, and vinyl, generated at the construction site, etc., and transported such wastes to a factory, and then crushed them with a machine for crushinging wastes, and stored them inside the factory for the disposal of wastes while storing them inside the factory. As such, it was known that there was a fire in the total amount of five times every time in the year 2013, once in 2014, once in 2014, and once in three times in 2015, and thus, there was a risk of additional fire by being subject to a fine for negligence imposed by the competent fire station twice from this.

In such cases, there was a duty of care to prevent additional fire, such as string school str, installation of a fire alarm, and placement of resident security guards, which are facilities to prevent fire in advance to those engaged in management affairs of the company.

Nevertheless, around June 15, 2017, the Defendant stored wastes that were dried up without taking measures for the prevention of fire on June 15, 2017, in a state where they were dried, thereby causing a fire to occur due to the heat of waste in the building for waste treatment and storage.

Ultimately, the Defendant, by such occupational negligence, destroyed one factory building in the aggregate of KRW 150,00,000,000 for the market price owned by the victim D, two straws, and machinery for crushing waste.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the E police statement;

1. Application of D fire investigation data (general status), each fire site inspection report, the list of reported cases in 112, and response statutes based on field identification at the scene of a fire accident;

1. Article 171 of the Criminal Act applicable to the crime and Articles 170(1) and 166 of the Criminal Act of the choice of punishment.

arrow