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(영문) 수원지방법원 2017.10.26 2017고정2226
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendants and the public prosecution, as well as C and C, and the Defendants and the public prosecution, as well as C and 32, are owners of E commercial building B, a main building located in Suwon-si, Suwon-si.

An interested person of a specific fire-fighting object shall appoint a person prescribed by Presidential Decree as a fire-fighting safety manager and an assistant for fire safety control to conduct fire safety control affairs.

Nevertheless, the Defendant did not appoint a qualified person as a fire safety controller, in collusion with the above sectional owners from December 26, 2014 to January 30, 2016, even though he/she had a specific fire-fighting object B consent from December 26, 2014.

2. The director general of a fire-fighting headquarters or the head of a fire station shall take measures ordered by the defendant and persons related to specific objects of fire-fighting, both C and 8, to specific objects of fire-fighting not installed, maintained, and managed in accordance with the fire safety standards.

In collusion with the above outside of the public prosecution, the defendant did not comply with an order to take corrective measures without justifiable grounds despite being served with the head of the Suwon Fire Station at around 2015 on the correction order stating that "at least three improvement or replacement, such as indoor fire hydrant failure, etc., is performed by January 29, 2016."

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each prosecution against F, G, or H;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by telephone in charge of public officials of the Suwon Fire Station who filed an accusation);

1. Subparagraph 1 of Article 48-2, Article 9 (2), subparagraph 5 of Article 50, Article 20 (2) of the Act on the Prevention of Fire, Installation, Maintenance, and Safety Control of Fire-Fighting Systems, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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