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(영문) 대구지방법원포항지원 2020.12.22 2019고단1725 (1)
업무상실화
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2019, from around 08:00 on January 26, 2019 to around 11:20 on the same day, the Defendant, along with B and C, engaged in a pipe-folding work, fixing the vision of building outer walls on the rooftop of the building at the south-gu New Construction Site.

At the same time, the outer wall was affixed with a string and the string can string off in the event of a stringing work. In such a case, there was a duty of care to prevent fire in advance by taking safety measures to prevent the string from being protruding off to those who do the string work.

Nevertheless, B instructed the Defendant and C to use pipes on the rooftop as a person in charge of the team leader and the overall control of the complex board team team team leader, and the Defendant and C carried out a melting work without using the prevention capture on the outer wall on the outer wall where a single heat is installed, without taking safety measures by neglecting the above duty of care. The fire that occurred from the high temperature sponsed with the outer wall sponsing with the upper temperature to the whole site of the construction site, and destroyed the construction materials, etc. in excess of approximately 464,01,000 won.

Accordingly, the Defendant, in collusion with B and C, destroyed the above construction site construction materials by negligence in the course of business.

Summary of Evidence

1. The defendant's legal statement (part);

1. Each legal statement of B, C, and E;

1. E prosecutorial statement;

1. Each police statement of the F, G, H, and I;

1. Each internal investigation report (106 pages, 114 pages);

1. Each appraisal report, on-site inspection report, and on-site inspection report of a fire site inspection report, and a list of reported cases;

1. Technical guidelines on fire prevention in the course of melting or melting operations;

1. Expenses for fire restoration;

1. Each defendant and defense counsel have access to the defendant at a shipbuilding yard, but they are different from the approach to the defendant at the site of this case.

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