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(영문) 수원지방법원 2016.08.31 2016고정1322
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the B Co., Ltd. which manages the building of Suwon-si C in Suwon-si.

An interested person of a specific object of fire-fighting shall conduct regular self-inspection of fire-fighting systems, etc. installed in such object or shall require a manager or engineer prescribed by Ordinance of the Prime Minister to conduct regular inspections.

Nevertheless, Defendant did not check the operation function of fire-fighting systems, etc. installed in the above “C” building until February 28, 2015, but did not conduct a comprehensive precise inspection by August 31, 2015.

Accordingly, the Defendant did not regularly check fire-fighting systems, etc.

2. Defendant B was a corporation established for the purpose of managing the commercial buildings of the above “C” building, and the representative director A, who was the Defendant, did not regularly conduct a self-inspection on the fire-fighting facilities, etc. as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of a copy of a report as a result of on-site verification subject to fire-fighting-related statutes;

1. The Defendants of the relevant Act on criminal facts: Article 49 subparagraph 4 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems, and Article 25 (1) subparagraph 2 of the same Act: Article 52 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

1. Defendant A who is selected to impose a fine;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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