Text
The prosecutor's appeal is dismissed.
Reasons
1. A summary of the grounds for appeal by the prosecutor (misunderstanding of facts) notwithstanding the fact that the Defendant, on June 14, 2016, made no effort to implement the corrective order, in addition to the fact that the Defendant, on the part of F, requested cooperation in opening the entrance, once sent a certificate of the contents requesting cooperation in opening the entrance. However, the evidence submitted by the prosecutor alone that the Defendant violated the corrective order without justifiable grounds
The judgment of the court below that acquitted the defendant on the ground that it is difficult to see it is erroneous.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is the representative director of the D Company, who owns the said Company, the manager of the building E in Young-si E.
Persons related to specific fire-fighting objects shall implement the measures ordered by the director general of a fire-fighting headquarters or the head of a fire station for specific fire-fighting objects not installed, maintained, or managed in accordance with the fire safety standards.
Even though the Defendant received an order to correct the contents of “a total of 64 maintenance or installation of defective fire-fighting facilities, such as installation of a hedge and a smoke studor on fire-fighting equipment by August 16, 2016,” from the head of Yeongdeungpo Fire Station around June 21, 2016, the Defendant did not implement 19 items as shown in the attached list of crimes, without justifiable grounds.
B. In light of the following circumstances, the lower court’s determination has justifiable grounds for failing to comply with the instant corrective supplement order.
The court judged that the remaining evidence submitted by the prosecutor alone is difficult to acknowledge the above facts charged, and that there is no other evidence to acknowledge it, and sentenced the defendant not guilty.
① Since the 19 points out of the subject of the instant corrective supplement order is about each of the facilities inside each of the instant commercial buildings, it is essential to enter each of the instant commercial buildings in order to supplement them.