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(영문) 서울남부지방법원 2016.04.19 2016고정165

소방시설설치ㆍ유지및안전관리에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative of the B Co., Ltd. established for the purpose of multi-family housing management business, facility guard station, etc. in Songpa-gu Seoul Metropolitan Government 2 floors.

The Defendant, while managing D apartment units in Gangseo-gu Seoul Metropolitan Government, was not appointed as a fire safety manager of D apartment units on April 7, 201, and was appointed on November 8, 2008 and did not appoint a fire safety manager of D apartment units until December 2014.

2. Defendant B (State) committed the same offense as that set forth in paragraph (1) A, the representative of the Defendant, committed a violation under paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A person who violates fire-fighting-related statutes;

1. Application of Acts and subordinate statutes to reports on violations of fire-fighting-related Acts;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 50 subparagraph 5 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act and Article 20 (2) of the same Act;

(b) Defendant B: Articles 52, 50 subparag. 5, and 20 subparag. 2 of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;