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(영문) 부산지방법원 2018.10.31 2018고정1411

화재예방ㆍ소방시설설치유지및안전관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A related person of a specific fire-fighting object shall conduct a self-inspection (comprehensive precise inspection) with respect to fire-fighting systems, etc. installed in the object, by the end of the month in which approval for use is granted every year, and Busan Jin-gu B is a neighboring living facility and is subject to specific fire-fighting under the fire-fighting law.

Although Defendant 1, a person who operates entertainment points on the second floor of the above building with the trade name "Csing point", was related to a specific fire-fighting object, Defendant 2 did not conduct a self-inspection of fire-fighting systems (comprehensive precision inspection) by May 31, 2017, which is the last day of the month to which the approval for the use of the above building belongs.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. On-site inspection plans, results thereof, etc.;

1. Investigation report (the result of on-site inspections subject to the violation);

1. Application of statutes, such as business registration certificates, building planning-related data;

1. Article 49 of the Act on the Prevention of Selective Fire and Installation, Maintenance, and Safety Control of Fire-Fighting Systems concerning the facts constituting an offense, and Articles 49 subparagraph 4 and 25 (1) of the same Act;

1. Articles 70 and 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;