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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in air-conditioning facility business.

On October 11, 2019, the Defendant, around 12:10, was engaged in oxygen operations to prevent the leakage of air-conditioning gas pipes from a new building owned by the victim C located in Yongsan-gu Seoul Metropolitan City.

In such cases, the work executor must take safety measures such as removing the combustible materials within the stiti scattering distance so that they can not be moved to the combustible materials around the pipes, such as stimulated heat, and installing fire prevention equipment such as flame retardations, sti-prevention covers, and melting fire spreading.

In addition, it is necessary to take measures such as sealing a ventilation or cresh that leads to the inside of the building, and to keep sufficient fire extinguishing equipment such as water tank, dried sand and fire extinguishers.

As such, a worker has a duty of care to safely proceed with melting work after taking adequate fire prevention measures.

However, the defendant neglected such duty of care and did not remove combustible materials around air-conditioning gas pipes, did not install fire-fighting facilities, and did melting work without taking measures for air-conditioning or installing fire-fighting facilities.

As such, the Defendant moved to a single heat, which was installed around air-conditioning gas pipe, during the process of the Defendant’s melting construction, and the building owned by the victim in total amounting to KRW 470 million in the market price of the said new building, such as approximately 80% out of the four sides of the outer wall of the said new building, the outer wall of the said new building and the ceiling, etc. were destroyed by fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation:

1. A detailed statement of 112 reported cases;

1. On-site identification reports and fire site photographs;

1. An investigation report (or a statement by telephone from the other party to the on-site workers);

1. Application of Acts and subordinate statutes to fire site surveys;

1. Relevant Articles of the Criminal Act and Articles 171 and 170 of the Criminal Act concerning criminal facts;