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(영문) 창원지방법원 통영지원 2018.05.11 2018고정80
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a B apartment management site at the time of dysing, and B apartment is a specific fire-fighting object under the Act on the Prevention of Fire and the Installation, Maintenance, and Safety Control of Fire-Fighting Systems.

In maintaining and managing a fire-fighting system in accordance with the fire safety standards, an interested person of a specific object of fire-fighting shall not engage in any act of blocking, such as closing, including locking that may hinder the function and performance of the fire-fighting system.

Nevertheless, on September 15, 2017, the Defendant arbitrarily set the location to connect the facility 1 and 2, which is located in the disaster prevention office of B apartment fire-fighting management offices that could impede the function and performance of fire-fighting systems, at around 22:12.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in C, D, and E;

1. Application of Acts and subordinate statutes to comprehensive reports on fire occurrence and written appraisal on legal safety;

1. Article 48 (1) and Article 9 (3) of the Act on the Prevention of Fire under the relevant Act on the Establishment, Maintenance, and Safety Control of Fire-Fighting Systems for criminal facts;

1. Selection of an alternative fine for punishment;

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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