The prosecutor's appeal is dismissed.

1. The decision of the court below is erroneous by misunderstanding the facts as follows, which affected the conclusion of the judgment.

A) The lower part of approximately 2.3m and about 0.5m at the location of 90 roads where the year, which is the point of this case, is located, need to be kept confidential even to the intermediate pipes and outside pipes so as not to leak poisonous exhaust gas and heat, so it is necessary to maintain confidentiality, and there is no reason for air exhaust gas to the outside pipe without any inside pipe failure.

B) Examining 250 and 251 attached to the fire research institute of Korea’s Fire Science and Research, it is clearly confirmed that the shot and defects were found, and since all of the images before and after the occurrence of the instant fire appear clearly by the country in which water flows in the above parts, there was a cre in connection with the shotble defect.

must be viewed.

C) Since the instant fire site was kept at the scene immediately after the occurrence of the instant case, the credibility of 219,233 of the identification photographs attached to the instant fire protocol ought to be recognized.

D) According to S’s testimony at the lower court’s trial, it is unreasonable to determine the lower court that the quantity of leaked exhaust gas is difficult to see or the passage route is not normal, since it is recognized that exhaust gas was accumulated and passed through the gap of internal, intermediate, and external pipes.

E) The testimony of S, appraisal by the National Institute of Fire Science and Research, consistent with the results of S, shall be recognized as credibility.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the following facts are recognized.

1) The construction contract entered in the facts charged and the party status A) The N Center’s 1st generation period extension construction works, as described in the facts charged, refers to Samsung SDR Co., Ltd. (hereinafter “ Samsung SDR”) as stated in the facts charged.

The other company's name is not the same as the remaining company's name), Samsung Heavy Industries, Samsung Telecommunications Commission, and P respectively.