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(영문) 춘천지방법원 강릉지원 2017.02.24 2017고정32

화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 500,000.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The incorporated association B is a corporation established for the purpose of managing the C market in Sam-si and pursuing the prosperity and development of the business in the market and establishing a smooth distribution structure to serve citizens, and the defendant A has been elected from March 24, 2014 to the representative director (the head of the association) of the above association from March 24, 2014.

An interested person of a specific fire-fighting object shall install, maintain, and manage the fire-fighting facilities of the specific fire-fighting object in accordance with the fire safety standards, as prescribed by Presidential Decree, and where the head of a fire station, etc. orders necessary measures when such fire-fighting facilities are not installed, maintained, or managed accordingly, he/she shall not violate such order without justifiable grounds

Nevertheless, on February 23, 2016, the Defendant violated the Act on Fire Prevention, Installation, Maintenance, and Safety Control of Fire-Fighting Systems by failing to take corrective and supplementary measures by May 20, 2016, even though he/she received an order to correct and supplement the above fire-fighting systems as a building manager of the above C market on the grounds of the defect in emergency broadcasting facilities, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of the person D;

1. As a result of the inspection of identification number increase, order to take measures, and each fire-fighting system, matters pointed out, report on the result of examination of application for postponement of the period for supplementation of corrective order, and application of forwarding statutes for postponement

1. Relevant Articles 48-2 and 92 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems and Fire-Fighting Systems for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It seems that the legal dispute over the defendant's position of president of the partnership for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is pending, and that the failure to comply with the corrective order of this case was a certain factor.