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(영문) 대전지방법원 서산지원 2018.06.21 2018고단287

화재예방ㆍ소방시설설치유지및안전관리에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as a manager in charge of management of D apartment buildings and fire safety management in Chungcheongnam-si, Chungcheongnam-si.

No person related to a specific fire-fighting object (owner, occupant, and manager) shall close (including locking) or block the fire-fighting facility that may impede the function and performance of the fire-fighting system in maintaining and maintaining the fire-fighting system.

Nevertheless, from December 2017 to January 27, 2018, the Defendant arbitrarily cut off all the main pumps of the fire hydrants and cut off and cut off the fire-fighting facilities, on the ground that the indoor fire hydrants poppy valves of the above D apartment from around December 2017 to around January 27, 2018 could break off the said D apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of fire-fighting-related statutes;

1. A report on a violation of fire-fighting-related statutes;

1. A report on a special inspection of fire services;

1. A report on the results of inspection of functions of fire-fighting systems, etc.;

1. A fire site survey report;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 48 (1) and the main sentence of Article 9 (3) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems and the choice of imprisonment for a crime;

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is very important in the initial suppression when a fire occurs, but the defendant could not use the indoor fire hydrant while blocking the fire that occurred in the apartment complex of this case at the wind that arbitrarily cut off all the main pumps of the indoor fire hydrant and cut off the fire from the indoor fire hydrant. However, the defendant's criminal liability is not easy in light of the fact that part of the defendant's mistake is against the defendant's mistake, and the risk of the indoor fire hydrant pipe in the winter on the ground of the structure of the apartment of this case is likely to cut off all the main pumps, and other favorable circumstances such as the defendant's age, sex, environment, family relationship, etc., and other circumstances after the crime.