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(영문) 창원지방법원 2012.09.21 2012고정871
업무상실화
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On January 31, 2012, the Defendant, as a daily worker, cut off D's factory building located in Kimhae-si, a victim of D(E) around 11:40 on January 31, 2012, and cut off exchange equipment facilities adjacent to the wall using an oxygen folding machine to remove facilities, etc. installed in the above building.

The wall is the board structure of a panel, and because there are a lot of inflammables, protruding off, so a person engaged in the contact work has a duty of care to prevent fire accidents in advance by removing the stroke at the location where the stroke and the stroke can be moved to inflammables so that the strokes generated in the contact can not be moved to inflammables, or by regulating the strokes in advance to the strokes where the strokes can be moved to the stroke, or by appropriately regulating the location of the strokes so that the strokes do not stick out.

Nevertheless, the Defendant neglected to do so and negligently carried out cutting operations using a mountain sprink, and thereby transferred the sphere to the sphere, and caused the sphere to the sphere of the above factory building, and the facilities inside and outside the above factory building, and the outside electricity distribution facilities and the sphere timber of the “G” operated by the victim F, adjacent to the above factory building, and caused the risk of continuous spread of the sphere.

Ultimately, the Defendant destroyed the total market value of KRW 45,989,840, such as the above factory building and facilities owned by D due to the above occupational negligence, and destroyed the total market value of the electricity distribution facility and open timber owned by F, which is equivalent to KRW 9,917,640, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

2. Examination protocol of the accused by prosecution;

3. Each police statement made to H, I, and J;

4. On-site inspection site.

5. A written estimate to be submitted for an investigation.

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