The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The I Co., Ltd. (hereinafter “I”) occupied and used the instant building exclusively, and the I bears the duty to prevent fire, such as changing the purpose of use and installing fire-fighting systems, as an owner of the instant building’s interest, and the Defendant merely appointed a formal fire safety manager as an agent for fire safety management, appointed the agent for fire safety management, assigned the agent for fire safety management, and faithfully performed the duty of fire safety manager as a supervisor.

Ultimately, the Defendant cannot be said to bear the duty to prevent fire ordered by the lower court.

2) There is no relation between the Defendant’s breach of duty of care without installing a fire-fighting system and the victim’s death.

3) The Defendant had a set of friendly coal pumps and FRP materials, and there was no likelihood for fire to have spread rapidly due to the said materials. Therefore, the result of the victim’s death cannot be attributed to the Defendant.

B. Of the facts charged as to the violation of the Building Act against the Defendant by misapprehending the legal principles, the part concerning the installation of indoor fire hydrants, automatic fire detection equipment, loudspeaker of emergency broadcasting equipment, guidance for escape equipment, etc. is to be deleted from the facts charged and not to be acquitted separately from the facts charged. The court below erred by misapprehending the legal principles on the reasons for innocence.

(c)

The punishment sentenced by the court below to the defendant (the punishment amounting to five million won) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact: (a) The “related person” under Article 2 subparag. 3 of the Framework Act on Fire Services as to whether the Defendant bears the duty to prevent fire refers to the owner, manager, or occupant of the fire-fighting object; and (b) the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (hereinafter “Fire Prevention Act”).