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(영문) 청주지방법원 2018.03.30 2018고정76
업무상실화
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 21, 2017, the Defendant: (a) was a person who requested construction after the second floor of the victim C, the second floor of the building in Cheongju-si, Cheongju-si, and received a request for construction; (b) there is a possibility that the processed dust generated in the course of melting work may be attached to the inflammable substance; and (c) there was a inflammable substance, such as gas bomb, coal, and air bomb, etc. under the roof of the Defendant’s work, and thus, the Defendant, who is engaged in melting work at that place, must install a blocking or dump prevention to prevent stimulsing in the place without any inflammable substance, such as the surrounding gas bomb, but the Defendant did not take all necessary measures, and put the stimuls generated in the course of the work, and caused the Defendant to leave the outer wall, etc. inside the building by explosioning gas and burning it on the outer wall.

Accordingly, the Defendant destroyed the building owned by the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Responses to a request for appraisal;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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