The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. According to the evidence submitted by the prosecutor, the defendant did not fulfill his duty of care to ensure the prevention of fire while cooking food by using a burner in a restaurant, and the court below found the fire as a result of the violation of such duty of care. However, the court below erred by misapprehending the legal principles or acquitted the defendant.

2. Prior to the judgment on the grounds for appeal by the public prosecutor ex officio, the public prosecutor applied for changes in indictment with the contents that the facts charged have been modified in the trial before the judgment on the grounds for appeal by the public prosecutor, and the subject of the judgment by this court was changed. Thus, the judgment of the court below cannot be reversed.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds of ex officio reversal, and the following decision is delivered after pleading.

[Dao-written Judgment] The defendant of the crime room is a person who has worked as the main kitchen of the Dcafeteria located in Jongno-gu Seoul Metropolitan Government Jongno-gu.

On October 31, 2012, at around 06:43, the Defendant: (a) attached a burner to create a brode which can be delivered to customers; (b) opened a frode to the frode; and (c) made preparations for eating oil in the following month of the month.

In such cases, the defendant, who is the head of the above restaurant, has a duty of care to manage well so that it does not enter the food milk used for cooking, to properly control the fire of the burner, to use the appropriate quantity of oil according to the degree of diapane mon, and to prevent the excessive oil from being clean up and sprinked around the burner in preparation for a fire that can occur due to the sprinking or the sprinking of the gas at the time of cooking.

Nevertheless, the defendant neglected to do so and there is an excessive oil in the wind that welshes oil containing water in the diapande.