The guilty part of Defendant A and the part against Defendant B and C shall be reversed, respectively.

Defendant

A.

A. The sentence of the lower court against Defendant A, B, and F (Defendant A: 5 years of imprisonment and 1 million won of fine, 4 months of imprisonment, 2 years and 6 months of imprisonment without prison labor, 2 years and 6 months of imprisonment, and 2 million won of fine) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles regarding Defendant A, B, and C’s occupational negligence [part of the occupational duty of care not recognized in the original trial (the part concerning the duty of installing smoke facilities, escape equipment, and lifesaving equipment)] Articles 1 and 20(1) and (6) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (hereinafter “Fire-Fighting Systems Act”) provide for the general duty to maintain and manage escape facilities, fire prevention facilities, and fire-fighting facilities for persons related to fire-fighting; Article 9(1) of the Fire-Fighting Facilities Act; Article 15 of the Enforcement Decree of the Fire-Fighting Facilities Act (hereinafter “V convalescent hospital”) excludes the subject of installation of smoke-related facilities from the subject of installation; Article 9(1) of the Fire-Fighting Facilities Act cannot be interpreted as stipulating the scope of the duty of care related to fire-related business; since the 3rd level of bareboat disease sharing at the time of the instant fire-fighting facility does not have the duty of care to install the elderly or the victim’s.

Nevertheless, the court below shall establish smoke control facilities, escape equipment, and lifesaving equipment against the Defendants.