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(영문) 수원지방법원 2018.02.19 2017고정3440

화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Where the objects of fire-fighting are constructed or installed in violation of statutes, or fail to install, maintain, and manage fire-fighting systems, such as escape facilities, fire-fighting division of escape facilities, fire-fighting facilities, etc. in compliance with statutes as a result of the special investigation into the fire-fighting, the head of the fire-fighting headquarters, the head of the fire-fighting headquarters, or the head of the fire station may order persons concerned

In addition, related persons of specific fire-fighting objects should regularly conduct self-inspection on fire-fighting facilities installed in such objects and report the results of such inspection to the director general of fire-fighting headquarters or the head of a fire station.

The defendant is the owner (one story 37) of the classification of Suwon-si C (GuD) in Suwon-si B.

On December 21, 2016, the Defendant issued an order to take corrective measures against inferior fire-fighting facilities, such as maintaining indoor fire hydrants, which is in a state of non-use due to the power failure to perform fire extinguishing water, from the head of the Suwon Fire Station around December 21, 2016. The Defendant failed to conduct regular self-inspection on fire-fighting facilities by the end of May 2017, which is the end of the month the approval date for the use of the building belongs.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification subject to violation of fire-fighting-related Acts and subordinate statutes / [C] (Failure to take measures) and accompanying documents;

1. Notification subject to violation of fire-fighting-related statutes (in-house inspection) and accompanying documents;

1. Application of Acts and subordinate statutes to investigation reports (to attach data related to receipt of an order to take measures at time);

1. Subparagraph 1 of Article 48-2, Article 5 (2), subparagraph 4 of Article 49, and Article 25 (1) of the Act on the Prevention of Fire in the relevant Act and the Installation, Maintenance, and Safety Control of Fire-Fighting Systems concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;