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(영문) 대구지방법원 2017.07.07 2016고단4981
업무상실화
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 17, 2016, from around 15:00 to 16:00 of the same day, the Defendant: (a) received a request from the owner of the building to replace the freezing entrance of the said freezing warehouse from the building owner E; and (b) carried out electrical operations.

At the same time, the warehouse is a lerax, and there is a situation where a fire could occur when the processed dust in the above lerax was shot off in the above lerax, so a person with an electrical license has to perform the work. At the time of the work, there was a duty of care to remove lerabs in the surrounding area or install a shielding device to prevent fire.

Nevertheless, the Defendant neglected to install a shielding device, etc. without any electric shielding qualification and caused a fire around 22:00 on the same day due to the negligence of using the melting work without installing a shielding device, etc., and destroyed one freezing machine located in the said warehouse by a fire around the same day, following the b2:00 on the same day, and caused a smoke of toxicity caused by the fire. Around 200,000 won at the market price of the victim F and G owned in the said warehouse, the Defendant saw approximately KRW 1.2 billion to the smoke of toxicity caused by the fire.

2. On June 17, 2016, the Defendant and his defense counsel denied the charges against the Defendant’s negligence to the police court since the fact that the instant fire was not caused by the Defendant’s negligence, since the Defendant’s negligence, at an interval of six to seven hours from 16:00 to 21:55 on the same day as the time when the fire occurred from 15:00 to 16:00 on June 17, 2016, when the Defendant carried out melting work. The Defendant, when melting the Defendant, took a fire-prevention measure against the ground by dusting water on the floor, etc., and even after the melting work, did not seem to have taken place.

As shown in the facts charged in this case, the National Scientific Investigation Institute's response to the request for appraisal, additional response to the request for appraisal, reply to factual inquiries, and witness.

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