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(영문) 전주지방법원 2016.04.22 2015고정1134
소방시설공사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From May 28, 2015 to October 2015, the Defendant currently engages in construction business.

A person who intends to install a fire-fighting facility of a specific fire-fighting object shall register the fire-fighting facility business with the Do Governor and install the fire-fighting facility. However, from July 11, 2015 to September 13, 2015, the Defendant, without registering the fire-fighting facility business, violated the Fire-Fighting Facility Act by reclaiming and screening the fire-fighting electrical distribution line in order to install the emergency alarm system (the 3rd floor, the total floor area of 435.95 square meters) among the fire-fighting facilities (the 154.78 square meters) among the fire-fighting facilities, from July 11, 2015 to September 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Criminal reports and accompanying documents (reports on violations of fire-fighting-related Acts and subordinate statutes, and photographs of site verification);

1. A criminal investigation report (the results of an investigation into matters treated with civil petitions) and accompanying documents;

1. Application of a contract for construction work (49 pages of evidence), a business registration certificate (Evidence Record No. 51 page of evidence);

1. Relevant legal provisions and Articles 35 and 4 (1) of the Act of the construction business of selective fire-fighting systems concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the defendant's mistake and reflects the defendant's fault, appears to have not been found in the part of the defendant's construction, the defendant's favorable circumstances, such as the fact that there is no record of punishment or a fine exceeding the same kind of crime, and the legislative purport of fire-fighting system business that allows fire-fighting system business entities registered with the competent authority to conduct fire-fighting system installation works in order to ensure public safety from fire, and other factors indicated in the records of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.

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