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(영문) 대전지방법원 서산지원 2018.05.03 2018고단156
화재예방ㆍ소방시설설치유지및안전관리에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person related to a specific fire-fighting object shall engage in such conduct as closing (including locking), blocking, etc. that may hinder the function and performance of the fire-fighting system when the fire-fighting system is installed, maintained, or managed in accordance with the fire safety standards.

Defendant

B As the head of Dong E (Death on January 26, 2017), the owner of 14 stores, including 1, 2, and 3, in Seosan-si D shop A, a person who has been working for the management of D shop from March 2017 as the chairperson, vice-chairperson, etc. at the steering committee, and Defendant A from March 2017 as the head of the management office of D shop from around December 5, 2017, was also appointed as a fire safety manager.

As seen above, Defendants are the owners or managers of the D commercial buildings who are related to specific fire-fighting objects in charge of the management of commercial buildings, and thus, Defendants are obligated to maintain and manage fire-fighting facilities in accordance with the fire safety standards determined and publicly announced by the Administrator

Nevertheless, on January 31, 2018, the Defendants conspired to leave the warning system of the Gyeong commercial building, which is a fire-fighting system installed in the commercial building, in the state of the anti-specing, anti-specing, anti-specing, anti-specing, leaving the receiver and emergency broadcasting equipment installed in the commercial building, neglecting the operation of the fire pumps and sprinkler equipment, failing to operate the fire-fighting pumps, and neglecting it without permission, thereby hindering the function and performance of the D commercial fire-fighting system, which is a specific fire-fighting object.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement of situation prepared by the F;

1. Investigation report (the list of management committees for suspect A-Submission D shop management), list of management committees for D shop management, and list of the owners of D shop;

1. An investigation report (a copy of comprehensive precision inspection of fire-fighting systems submitted by a suspect A) and comprehensive precision inspection of fire-fighting systems;

1. Investigation report (attached documents, etc. of dispatch subject to violation of fire-fighting-related Acts and subordinate statutes), statement of dispatch subject to violation of fire-fighting-related Acts and subordinate statutes, and report of violation;

1. The investigation report (D commercial fire fighting systems are inferior);

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