logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.01.11 2015고정1679
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the president of the Co., Ltd. in Sejong Special Self-Governing City B, who is in the position of a related person of the fire-fighting object.

No interested person of a fire-fighting object shall violate an order issued by the director general of a fire-fighting headquarters to repair or relocate the fire-fighting object as a result of the special investigation.

Nevertheless, on August 8, 2013, the Defendant failed to implement an order issued by the fire headquarters to take measures against defective fire-fighting systems within the pertinent company’s workplace until December 15, 2013, according to the result of the “emergency joint inspection by the head of the fire headquarters in the jurisdiction” conducted by the fire headquarters in the event of the special autonomy of Sejong, although the Defendant was requested by the fire headquarters to take measures against defective fire-fighting systems within the pertinent company’s workplace by December 15, 201

2. Determination

A. In a criminal trial, the recognition of facts constituting a crime ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. Therefore, in a case where the prosecutor’s certification was not sufficiently enough to have such conviction, even if the defendant’s assertion or defense is inconsistent or uncomfortable, and there is a doubt of guilt, such as that the defendant’s assertion or defense is inconsistent or uncomfortable (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012).

(c)

Of the facts charged in the instant case, whether the Defendant, as the president of C Co., Ltd. (hereinafter “C”), was a person who was in a related party to fire-fighting objects.

In light of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone is insufficient to acknowledge this part of the charges, and there is no other evidence to acknowledge this.

(1) In the self-government of Class III, the director general of a fire-fighting headquarters shall determine the recipient as D, E (each representative director ofC), the person subject to an order to take measures as "B and owner of Class III Special Self-Governing City B and owner", and the period of the order to take measures as of September 2, 2013.

arrow