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(영문) 전주지방법원 2019.05.29 2018고단2382
업무상실화
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who manufactures and installs pollution prevention facilities (PVC) manufacturing chain C in Gyeongbuk-gun B in the operation of the high seas prevention facilities (PVP) manufacturing business.

At around 10:00 on July 16, 2018, the Defendant subcontracted the production and installation work of a national exhaustr to E-factory from D Co., Ltd., to E, and became to use CO2 contact work using CO2 contact device at the E second floor E-gu Seoul Metropolitan Government F.

At the same time, there was an easy smoking material to be attached to the wall, and in the event of a melting work, the flames can straw off, so in such cases, those who conduct the melting work should remove easily inflammable substances from the surrounding area, and if it is impossible to move such substances, there was a duty of care to prevent fire in advance by taking safety measures to prevent the occurrence of fire, such as covering the anti-thrings, if it is impossible to do so.

Nevertheless, the Defendant neglected to do so and destroyed the fire that occurred from the wall smoking sprinking materials in front of the Defendant, which caused approximately KRW 292,00,000 to the entire factory building, electric equipment of the building, and raw materials inside the building, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Matters to be observed in relation to fire identification records, answers to the H question, check of damage, and contact work;

1. Application of fire site photograph Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 171 and 170 (1) of the Criminal Act and the choice of imprisonment without prison labor for a crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) are as follows, and the following conditions for sentencing are as follows: the Defendant’s age, character and behavior, environment, occupation, family relationship, motive and consequence of the crime, and the circumstances after the crime are committed.

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