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(영문) 서울남부지방법원 2017.02.08 2016고정2930

화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the chairperson of the Guro-gu Seoul Metropolitan Government Council for Representatives of Apartment Residents.

When a fire-fighting system fails to be installed, maintained or managed in accordance with the fire safety standards, the director general of the fire-fighting headquarters or the head of the fire station may order persons related to the relevant specific fire-fighting objects concerned to take necessary measures, and the persons in receipt of such order shall not violate

Nevertheless, on August 2016, the Defendant received an order from the head of the Gu fire-fighting department to take measures for fire prevention and fire-fighting safety inspection pursuant to Article 9 of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems with respect to defective operation of emergency warning equipment, which is a fire-fighting system, from the head of the Gu fire-fighting department, but failed to comply with the above order by September 23, 2016, which is the period for taking measures.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written order for measures;

1. On-site photographs (unoperationable in front of a building or fire-fighting systems);

1. Application of statutes that authorize the implementation of a project;

1. Relevant Article 48-2 subparagraph 1 and Article 9 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems, and Selection of fines for criminal facts;

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;