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(영문) 의정부지방법원 2016.05.26 2015고정2594

소방시설설치ㆍ유지및안전관리에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The Defendant, while working as a fire safety manager of his/her own city from May 14, 2014 to January 9, 2015, the fire-fighting systems installed in the above C apartment, which are specific fire-fighting objects, such as fire-fighting equipment, alarm equipment, escape equipment, and fire-fighting water supply equipment, should be inspected at least once a year by September 30, 2014, which is the end of the month to which the above building belongs, until September 30, 2014, which is the approval date for the use of the above building. However, the Defendant did not check the operation function by using necessary equipment for the relevant fire-fighting systems, such as the measurement of pressure meters of waterproof control by September 30, 2014.

As a fire safety manager, the defendant did not conduct a self-inspection of fire-fighting systems, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. Investigation report (for managers of the C fire-fighting safety), investigation report (organization of matters related to pre-inspection of fire-fighting devices), investigation report (specific time of self-inspection of the C fire-fighting systems, etc.), investigation report (verification of operating function of fire-fighting systems, etc.);

1. Application of the C Building Ledger-Related Acts and subordinate statutes;

1. Article 49 Subparag. 4 and Article 25(1) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems (amended by Act No. 13062, Nov. 20, 2015; hereinafter “former Fire-Fighting Systems Act”) regarding criminal facts, as well as the amendment to the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems (amended by Act No. 12844, Nov. 19, 2014; hereinafter “former Fire-Fighting Systems Act”), the selection of fines, etc.

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. On May 14, 2014, the Defendant: (a) actually conducted an inspection of the operating function of C Apartment (hereinafter “C”); (b) submitted a fire-fighting plan, etc. to the Gu fire station; and (c) thereafter, F and E, belonging to the Gu fire department, to the Gu fire department, shall be present at around October 15, 2014.