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(영문) 대전지방법원 2020.08.13 2020고단1353
업무상실화
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, operating a restaurant in Daejeon Jung-gu, Daejeon, is a person who is engaged in cooking as a kitchen located in the middle-gu, Daejeon, and the victim D is a lessor who leased the above building to the Defendant, and the victim E is a person who operates a colon in the vicinity of the above restaurant.

At around 10:00 on September 3, 2019, the Defendant: (a) attached a chrode, which is a cooking instrument, to prepare for fakes to be provided to customers; (b) started to put the pande, put them in food and pigs, and cooked them thereafter; (c) in such a case, the Defendant, who is engaged in cooking, has a duty of care to continuously keep the heating state, properly regulate the friendliness; and (d) to move the frode or move the frode to another place, to prevent accidents, such as fire, etc., by extinguishing the frode and moving the frode to the outside of the chrode.

Nevertheless, the Defendant neglected this and opened the Made to the Madede, opened the Made to the Madede, opened the Madede in the toilet before the Madede, and opened the Madede to the Madedede of the Defendant. Accordingly, the Defendant laid down the above building in the Marade where the Marade and the Mali oil, etc. in the Marade in the Marade, so that the building attached to the building owned by the victim D can be destroyed to a total of KRW 274,750,00,000, and continuously moved the building, the house, etc. attached to the building, which is next to that flade, to the victim E's operation, and destroyed to a total of KRW 45,489,00,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the police taken against D and E;

1. Application of statutes to a field file report;

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

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