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(영문) 의정부지방법원 2016.08.23 2016노1163

소방시설설치ㆍ유지및안전관리에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. It is recognized that the Defendant is deemed to have led to a crime in the first instance, have led to the confession of and reflect on the crime, the first offender, and the economic situation is difficult.

B. However, in full view of the following circumstances, the Defendant’s failure to comply with the correction order issued by the head of the fire station and thereby was past record of the suspension of indictment; the owner of the building neglected his duty to maintain and manage the facilities in accordance with the fire safety standards for a long time; there is no special change in circumstances after the judgment of the court below was rendered; and the Defendant’s age, details of the crime, and circumstances surrounding the sentencing conditions specified in the instant argument, even if considering the favorable circumstances favorable to the Defendant, the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and it is so decided as per Disposition (Article 48-2 of the Criminal Procedure Act on the 15th day of the judgment below is clear that "Article 48-2" is a clerical error in Article 48-2. Thus, it is corrected ex officio in accordance with Article 25 (1) of the Rules on the Criminal Procedure).