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(영문) 창원지방법원 마산지원 2019.07.09 2019고단297
업무상실화등
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who operates a "D farm" in Hanam-gun C, and the defendant A is employed by the defendant B and works in the above farm.

1. At around 14:55 on March 27, 2019, Defendant A and Defendant B’s occupational loss carried out melting operations to cut the steel fence in accordance with Defendant B’s instructions at the livestock farm of the above D farm.

당시 위 장소에는 돼지 사육을 위한 마른 톱밥 등이 바닥에 깔려있었으므로 피고인 A에게는 용접기에서 튄 불꽃으로 화재가 발생하지 않도록 주변을 잘 살피고 불이 붙을 수 있는 물질 등을 제거하여 안전하게 용접을 하여야 하고, 피고인 B에게는 피고인 A가 위와 같이 용접 작업을 함에 있어서 마른 톱밥을 완전히 제거한 후 작업을 하게 하여야 하는 등 화재를 미리 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendants neglected to do so and caused the Defendants to reverse all the saws of the ice saws and shot pumps, etc., where the flames of the ice shot in the vicinity of the ice saws, and the said saws were transferred to the “E” factory in the vicinity of the D farm, the said shot, etc.

Ultimately, the Defendants conspired to cause public danger by setting fire equivalent to KRW 152,200,000, such as three pigs breeding farms owned by Defendant B through occupational negligence as above, and destroyed the market price of approximately KRW 204,993,488, such as one Dong, etc. of “E” factories owned by the victim F, and approximately KRW 20,000,000, such as approximately KRW 20,000,000, forest land owned by the victim’s name (including approximately 1,322,00,000, forest land owned by the victim’s G).

2. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn.

Nevertheless, the Defendant entered the Republic of Korea as a tourism visa on September 30, 2014 and did not depart from the Republic of Korea on December 29, 2014 despite the expiration of the period of stay on March 27, 2019.

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