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(영문) 서울남부지방법원 2017.07.21 2016노1438
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one million won penalty) imposed by the court below is too unreasonable.

2. In light of the fact that it is obvious that the defendant becomes a person who is a principal offender under the judgment law, the shortage of fire-fighting water at the time of a fire is likely to cause serious damage to human life or property if there is a shortage of fire-fighting water, and the defendant failed to comply with the corrective order for more than one year, so the content and degree of the violation of the law is not easy, the completion of the construction for extension of the preliminary pumps of the apartment of this case around December 2016, and all other sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it cannot be deemed unfair, because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, in the application of the text of the lower judgment, it is obvious that the “Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems” under the former Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems (amended by Act No. 13062, Jan. 20, 2015) is a clerical error in the facts charged of this case, and thus, it shall be corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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