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(영문) 의정부지방법원 2015.12.17 2015고정1150
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the co-owner and manager of C building, a specific fire-fighting object B in his/her own government.

1. Although an interested person of a specific fire-fighting object is prohibited from doing any act of closure, etc. that may disturb the function and performance of the fire-fighting system when maintaining and managing the fire-fighting system, the accused violated the code of practice by arbitrarily removing the fire-fighting pumps of the above building on January 2014.

2. An interested person of a specific fire-fighting object shall conduct a regular self-inspection once a year with respect to fire-fighting systems installed in the object, and even if the result of self-inspection on January 31, 2013 submitted it to the fire-fighting authority by January 31, 2014, the Defendant violated matters to be observed by neglecting self-inspection on or around 2013 without justifiable grounds.

3. The Defendant failed to comply with an order to take corrective measures without justifiable grounds, even though he/she received an order to take corrective measures, on the grounds that C, who is an object of fire-fighting, violated the relevant statutes as a result of a special fire safety inspection on four occasions, including around October 31, 2014, around December 4, 2014, around January 7, 2015, and around February 4, 2015.

Summary of Evidence

1. Each police interrogation protocol of the accused, D, or E;

1. A statement prepared by the F;

1. Application of statutes to know the detection of fire-fighting-related statutes;

1. Articles 48, 9 (3) (the closure of a fire-fighting system), 49 subparagraph 1, and 5 of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems for Criminal Facts (the violation of an order to take measures under Article 49 and Article 5), 49 subparagraph 4, and 25 (1) (the non-compliance with a self-declaration and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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