2017 Highest 4402 Violation of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems

A

Domincs (prosecutions) and stuffs (public trial)

December 13, 2017

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

Busan Jin-gu B apartment (hereinafter referred to as "the apartment of this case") is a specific fire-fighting object in which fire-fighting facilities, such as automation fire detection equipment, are installed as an apartment house with at least five floors, and the defendant is a person who was appointed as the head of the management office of the above apartment building and fire safety controller around October 2015 and is a person related to

When an interested person of a specific fire-fighting object maintains and manages a fire-fighting system installed in a specific fire-fighting object, he/she shall not close (including lock) or block the fire-fighting system that may impede the function and performance thereof.

At around 07:32, 201, the Defendant, while maintaining and managing the fire-fighting facilities of the apartment building as the head of the management office of the apartment building and the fire safety controller, did not correct the fact that the automatic fire detection equipment was arbitrarily operated in the state of blocking the main landscape of the receiver of the automatic fire detection equipment installed in the guard room of 107 1,2,3, and 4 107 dong, but did not correct it. On June 17, 2017, around 07:32, 2017, the Defendant failed to immediately give a warning to inform the occurrence of the fire to the receiver in the guard room even though the signal was delivered to the receiver in the guard room. Therefore, the Defendant was unable to evacuate the residents C (or 23 dong) of the above 901 dong, and was exposed to the flame.

Ultimately, the Defendant, as seen above, committed an act of blocking fire-fighting systems that could interfere with their function and performance, thereby causing injury to the Defendant, such as inhaled images and carbon oxide addiction, in which the number of days of treatment is unknown to the said C.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Investigation report (including report on the situation of fire, etc.) - Fire report, B apartment fire report, and statements made by persons related to 107 at the time of fire occurrence;

1. Investigation report (Attachment of Information on Appointment of Fire-Fighting Safety Management) - Report on Appointment of fire-fighting safety managers, fire-fighting safety managers' pocketbooks, and investigation results into the appointment of fire-

1. Investigative report (Attachment to a station for salvors and emergency medical services) - Emergency medical services log;

1. An investigation report (Attachment of a medical certificate) - A medical certificate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 48(2) and (1), and 9(3) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems (Selection of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

The crime of this case was committed by the defendant while working as the chief of the management office and the fire safety controller of the apartment building of this case, and caused the victim to be injured by negligence of neglecting his duty of maintenance and management of the fire-fighting system as above.

However, considering the fact that the defendant is against the defendant, the fact that only one fine is imposed on him due to the violation of the Establishment of Homeland Reserve Forces Act in 1994, the fact that social ties are clear, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments of this case, the sentence like the order shall be imposed

Judges Kim Hyun-seok