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(영문) 광주지방법원 순천지원 2015.06.12 2015고정191
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

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

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is a management director of Company B, which is a management company of the D building at the time of netcheon City D.

An interested person of a specific fire-fighting object shall install or maintain and manage fire-fighting systems, etc. to be equipped in consideration of the size and purpose of the specific fire-fighting object, the number of visitors, etc.

Nevertheless, for two days from June 21, 2014 to June 22, 2014, the Defendant issued a corrective and supplementary order to correct and supplement the defective fire-fighting systems of 16 fire-fighting systems, such as private power generation facilities (emergency power plant), as pointed out in the self-inspection conducted by the Seoul Special Metropolitan City Fire-Fighting Corporation (hereinafter referred to as the "Seoul Special Metropolitan City Fire-Fighting Corporation"), which is a fire-fighting system controlled entity of D buildings, from the net fire-fighting certificate, from July 25, 2014 to November 20, 2014; however, the Defendant failed to comply with the administrative order for eight inferior fire-fighting systems, such as private power generation facilities (emergency power plant) within the prescribed period without justifiable grounds.

2. Defendant B, the Defendant, the employer of the Defendant, committed the same act as that of paragraph (1) in relation to Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on violations of fire-fighting-related statutes;

1. Reporting on the results of on-site verification as to whether a person subject to an order for correction or supplementation is corrected or supplemented;

1. A known building, the details of which order for correction or supplementation is extended;

1. Issuance of an order for correction and supplementation;

1. Submission of a comprehensive inspection report of fire-fighting systems (D buildings) in 2014;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A of the relevant criminal facts: Subparagraph 1 of Article 48-2 and Article 9 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems: Articles 52, 48-2 subparagraph 1 and 9 (2) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;

1. Selection of an alternative fine for punishment;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.

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