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(영문) 의정부지방법원 2017.08.17 2017고정1272

화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반

Text

1. The sentence of the defendant corporation A shall be suspended against the defendant corporation A;

2. Defendant B. Defendant B.

Reasons

Punishment of the crime

1. Defendant B, Defendant B, an agricultural company located in Pocheon-si C, which is an object of specific fire-fighting, is operating from September 19, 2016.

When a fire-fighting system is not installed, maintained or managed in accordance with the fire safety standards, the head of the fire station may order the persons related to the specific fire-fighting object concerned to take necessary measures, and the persons concerned shall comply with the said

Defendant

B When purchasing and operating the company at a voluntary auction on September 19, 2016, B failed to take complementary measures against defective fire-fighting systems until November 30, 2016, which is the last day of the corrective corrective order issued by the chief of the WOcheon chief of the fire station in accordance with the report on the result of the inspection of operation function in 2016.

2. The representative of Defendant A Incorporated Incorporated Corporation, the Defendant Incorporated Incorporated Corporation, was in violation of the duties of Defendant A Incorporated Incorporated Corporation, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on detection of a person in violation of fire-fighting-related Acts and subordinate statutes (44 pages of investigation records), report on a violation of fire-fighting-related Acts and subordinate statutes, delivery of a corrective order, report on the on-site verification of the person subject to a corrective order, report on the results of on-site verification of the person subject to a corrective order, and related photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification as to whether hearing procedures are held);

1. Article 48-2 subparagraph 1 of the former Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (Amended by Act No. 13917, Jan. 27, 2016; hereinafter the same shall apply) and Article 48-2 subparagraph 1 of the same Act and Article 9(2) of the same Act (amended by Act No. 13917, Jan. 27, 2016; hereinafter the same shall apply) for Defendant A Co., Ltd.: Articles 52, 48-2 subparagraph 1, and 9 (2) of the former Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

1. A Incorporated Incorporated Company A, which is subject to the suspended sentence: Fine of 700,000 won;

1. Defendant B’s detention in a workhouse: Articles 70(1) and 69 of the Criminal Act.