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(영문) 광주지방법원 순천지원 2014.09.23 2014고정397
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

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

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, the Defendant issued an order to correct the defective fire-fighting systems (17 cases, such as self-power facilities, etc.) pointed out in the self-inspection of fire-fighting systems (17 cases, such as self-power facilities, etc.) conducted by the National Fire-Fighting System Corporation from Jun. 29, 2013 to Nov. 28, 2013 (120 days and once during the period) with respect to eight cases, such as the heavy power generation facilities, etc., within the above period without justifiable grounds.

2. Defendant B, at the time and place specified in paragraph (1), committed the Defendant’s act of violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reports on violations of fire-fighting-related statutes;

1. Issuance of an order for correction and supplementation;

1. Application of Acts and subordinate statutes to investigation reports (field verification, etc.);

1. Relevant statutory provisions for facts constituting an offense and subparagraph A of the option of punishment: Subparagraph 1 of Article 48-2 and Article 9 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems (Selection of Fine): Defendant B: Articles 52, 48-2 subparagraph 1 and 9 (2) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems

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

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against each other; the implementation of the corrective supplement order has been delayed due to the difficult financial situation of Defendant B; and indictments.

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