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(영문) 대구지방법원 서부지원 2019.10.10 2018고정773
업무상실화
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, a Vietnamese national, is an employee at the Daegu-gu building B, and the first floor “C” restaurant.

At around 02:00 on August 22, 2018, the Defendant laid down a little straw on the gas straw so that customers can do so immediately if ordered by customers. On that day, the Defendant laid down a studs of oil on the top of the restaurant.

In such cases, the Defendant, who is engaged in food cooking in the restaurant, has a duty of care to keep the fire from being caused by gas, such as keeping the fire of gas bags well, regulating the oil slods that are put on the slods so that the oil slods, which are put on the slods, do not go on the slods, and prevent the fire from spreading or slodsing down.

Nevertheless, the Defendant neglected this and neglected to leave gas bags in a fluent state, and was negligent in moving them to a main warehouse to prepare cooking materials, and caused gas gas to fluorize oil, and caused the Defendant to spread to the main restaurant, the store, and the warehouse in the fluor length of the fluor.

Ultimately, the Defendant violated the duty of care as above, and destroyed approximately KRW 104,241,625, such as the entire kitchen of the above restaurant owned by the victim D and the subsequent warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Fire reports, reports on the results of field identification, and photographs of field identification of the occurrence of a fire;

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate submitted by the injured party) and a report on investigation (verification of minor documents);

1. Relevant provisions of the Criminal Act and Articles 171, 170 (1), and 164 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the suspended execution of the Criminal Act is against the defendant, it is difficult to view that a fire has occurred only by the defendant's mistake, and the victim has want to punish the defendant.

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