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(영문) 서울동부지방법원 2019.07.19 2019고단1551
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the reconstruction and rearrangement project association in Gwangjin-gu Seoul Special Metropolitan City, and the above building is an apartment building of the total floor area of 19,92m2m2, composed of the first and five floors above the ground, and is a specific fire-fighting object under the fire-fighting-related statutes.

The interested person of a specific fire-fighting object shall take measures necessary for installation, maintenance and management in accordance with the fire safety standards ordered by the chief of a fire station.

Nevertheless, on January 15, 2016, the Defendant received corrective and supplementary orders three times until January 22, 2018, such as receiving corrective orders from the chief of the Mine Construction Department to take corrective measures against the building.

On August 27, 2018, the Defendant received a notice of the order to take measures (the fourth) on August 24, 2018 under the name of the chief of the Mine Construction Department, but did not comply with it until February 19, 2019, which is the deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report and the results of confirmation and inspection to the statutes related to fire service;

1. Article 48-2 (1) and Article 9 (2) of the Act on the Establishment, Maintenance, and Safety Control of Fire-Fighting Systems and Fire-Fighting Systems, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the apartment of this case is going to remove the building for reconstruction at present.

However, the Defendant committed the instant crime even if he/she was subject to orders for corrective measures against fire-fighting systems, such as fire pumps, as the representative of the occupant of the instant apartment, which is a specific fire-fighting object, on several occasions, and was punished twice on the ground that he/she failed to properly implement such orders, and may cause serious risk to the instant apartment that many residents reside in due to the instant crime, such as the occurrence of a fire, failure to extinguish a fire in a timely manner, etc.

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