logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.07.24 2012고단4458
업무상실화
Text

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

However, for two years from the date this judgment becomes final and conclusive, each of the above punishments shall be executed.

Reasons

Punishment of the crime

Defendant

B is the president of “D”, and the Defendant A is an employee of the said company, who is the heat media boiler construction business chain.

around May 2012, the Defendants: (a) requested from E to install a heat-based boiler in the “G” plant located in the F of the Geumnam-gun of the operation of E; and (b) around that time, the Defendants installed the boiler; (c) but (d) continued to repeat the test operation on September 20, 2012, due to the problems over overcoming the limitation of the power plant and pipeline temperature of the said boiler, the Defendants continued to operate the boiler again at the said plant around 01:00.

In such a case, the Defendants, who are in charge of boiler construction and test, had a duty of care to immediately stop the boiler operation and check the parts of the boiler when abnormal weather conditions are discovered during the boiler operation.

Nevertheless, even though the Defendants confirmed that the boiler’s operating temperature gradually increased, the Defendants exceeded the shesion of the valves, and continued to leave the boiler’s operation temperature at the bottom of the boiler, without immediately checking the parts of the boiler’s operation temperature, and without checking the parts of the boiler’s operation temperature, the Defendants laid down the above plant wall and the ceiling.

Accordingly, the Defendants destroyed the total amount of KRW 200 million in the market price, such as a single building owned by E and various machinery and materials installed therein, by negligence in the course of business as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Investigation report (fire scene photographs);

1. Application of Part 18 of the estimate for damage submitted by the victim E;

1. Articles 171, 170 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment without prison labor;

1. Although the extent of damage caused by the failure of the reasons for sentencing under Article 62(1) of the Criminal Code (hereinafter below) of each suspended sentence is not easy, there are no criminal records of the same kind.

arrow