Text
Defendant
The sentence for B shall be suspended.
Defendant
A is not guilty. The summary of the judgment of not guilty.
Reasons
Punishment of the crime
Defendant
B is a person who served as the president of the F Apartment-gu Seoul Metropolitan City Council for Residents' Representatives from January 1, 2016 to December 31, 2017 and is a person related to the above apartment that is a specific fire-fighting object.
An interested person of a specific fire-fighting object shall install, maintain, and manage the fire-fighting systems prescribed by Presidential Decree in accordance with the fire safety standards determined and announced by the Commissioner of the National Fire Agency, and the head of the fire-fighting headquarters or the head of the fire station may order the interested person of the specific fire-fighting object concerned to take necessary measures if such fire-fighting systems fail to
Defendant
B Around September 12, 2017, he/she was ordered by the head of the District Fire Station in the Jeonju to take measures for the failure to comply with the matters pointed out as a result of the inspection of the fire-fighting system for specific objects of fire-fighting of the above apartment on November 3, 2017. Around September 27, 2017 due to the addressee’s change, he/she failed to comply with the above order without justifiable grounds even though he/she was notified by November 3, 2017 of the order to take measures for the matters pointed out as a result of the inspection of the fire-fighting system for specific objects of fire-fighting of the above apartment on September 5, 2017.
Summary of Evidence
1. The defendant B's partial statement
1. A protocol concerning the examination of suspect of the police officer;
1. Each police statement made with respect to G and H;
1. Application of Acts and subordinate statutes of notification of re-measures order following non-performance of an order for measures;
1. Relevant Article of the Act on the Establishment, Maintenance, and Safety Control of Fire-Fighting Systems, and Articles 48-2 and 49 (2) of the Act on the Establishment, Maintenance, and Safety Control of Fire-Fighting Systems for Criminal Facts;
1. Penalty fine of 2,00,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Determination as to Defendant B and defense counsel’s assertion under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007)
1. Summary of the assertion
A. F apartment, claiming that the person concerned is not an interested party to a specific fire-fighting object (hereinafter “instant apartment”).