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(영문) 서울서부지방법원 2015.01.22 2014고정2303
업무상실화
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of operating a restaurant of “C” by leasing Seodaemun-gu Seoul Metropolitan Government B.

On August 30, 2014, at around 12:10 on August 30, 2014, the Defendant: (a) when he was he bended with a military gun; (b) when he was heating oil in the main room for a certain period of time, the oil may be overheated and fireed; and (c) so, in order to prevent this, the Defendant neglected his duty of care to properly examine the heat conditions, and caused a fire to move the oil to a ceiling, etc., which is equivalent to KRW 17,835,819.

Accordingly, the defendant destroyed a building in which people exist by negligence in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a fire;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 171, 170 (1), and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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