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(영문) 수원지방법원 성남지원 2017.08.31 2017고정705
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

An interested person of a specific fire-fighting object shall install or maintain the fire-fighting system in accordance with the fire safety standards, and the head of a fire station may order the interested person of the specific fire-fighting object concerned to take necessary measures, if such fire-fighting system is not installed or maintained in accordance with the fire safety standards

On October 31, 2016, the head of the Sung-nam Fire Station issued a supplementary improvement order to the Defendant regarding total 22 cases, such as pumps inundation, fire hydrant failure, and defect of test valves pressure instruments, etc. on the part of the fire safety managers of 19 units C houses in Seongbuk-gu, Seongbuk-gu, Sungnam-si. However, the Defendant failed to comply with the order without justifiable grounds until the lapse of December 19, 2016, which is the supplement period.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (contract, agreement, etc. of the lease of real estate);

1. Report on violations of fire-fighting-related Acts and subordinate statutes and issuance of an order for supplementation (including cadastral matters) shall apply;

1. Relevant legal provisions concerning criminal facts, and Articles 48-2 (1) and 9 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems, and Selection of a fine (the fact that the defendant is against his/her gender, circumstances leading the defendant to move into the house of this case, circumstances after the crime, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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