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(영문) 부산지방법원 2020.08.20 2020고단178

화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of four kinds of businesses, such as real estate rental business, and is responsible for the overall management of the affairs such as the maintenance and management of fire-fighting systems and majority shares (70%) of the building in the Gangseo-gu Busan Metropolitan City, which is a specific fire-fighting object under fire-fighting-related Acts and subordinate statutes. The defendant A is the representative director of the above corporation and is a person

Where a fire-fighting system, etc. fails to install, maintain or manage it in compliance with the fire safety standards, the interested person of a specific fire-fighting object shall comply with such order if the head of the competent fire station

Defendant

A, according to the result of the self-inspection conducted by the chief of the Eastern fire station, even though he received the order to take measures until September 17, 2018 and the order to take measures until March 4, 2019, respectively, for the defective fire-fighting systems of the above building, he did not comply with the two orders to take measures. The defendant B, the representative of the corporation, committed the above violations in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of new Acts and subordinate statutes to a violation of fire-fighting-related Acts and subordinate statutes;

1. Defendant A of the pertinent law on criminal facts: Subparagraph 1 of Article 48-2 and Article 9 (2) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems (Selection of Fines): Articles 52, 48-2 Subparagraph 1 and 9 (2) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.