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(영문) 제주지방법원 2018.05.25 2017고단3306
업무상실화
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 1, 2017, around 16:33, the Defendant, as a daily worker at a D household factory owned by the victim C in Jeju Island, was engaged in contact work to establish a non-forest board in containers.

At the same time, the said furniture factory has been scattered with articles that can easily put fire, such as punching of materials, and the fire can occur when the flame of the electric melting machine was sprinked. In such a case, there was a duty of care to prevent fire in advance, such as removing easily inflammable articles in the vicinity of the work site, preparing fire extinguishing equipment or extinguishing fire at the close of the work site, etc.

Nevertheless, the defendant did not prepare fire extinguisherss near the work place and carried out an adjoining work to install a rain dump board on the container with the electricity dump to the work place, while the defendant was negligent in causing property damage equivalent to KRW 40,63,000 by setting fire to the inside and outside of the above furniture factory, a general structure attached to every dump lease, and setting fire to the above furniture factory and the sales lease, etc., which is equivalent to KRW 40,63,000 by setting fire to the inside and outside of the above furniture factory, which is a general structure attached to every dump lease. However, it is insufficient to recognize the above property damage amounting to KRW 192,20,000 on the written indictment. However, the defendant's testimony of the witness C and the damage status (Evidence 18 pages) submitted by the prosecutor is insufficient.

The amount of KRW 40,633,00 (Evidence 49 pages) in the calculation of damage to the property reported as a result of the fire investigation in the Jeju fire station shall be recognized as the amount of property damage.

2.3

Accordingly, the defendant destroyed a general structure by negligence in the course of business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1.C and E, respectively.

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