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(영문) 광주지방법원 2018.10.26 2018고단3333

소방기본법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall obstruct fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched.

On July 26, 2018, at around 09:00, the Defendant, while under the influence of alcohol on the roads near Gwangju-gu B, Gwangju-gu, Gwangju-gu, entered the face, and was called up on the face. Upon receipt of 119 reports, the Defendant was killed in the first-aid vehicle by the first-aid staff members, such as fire fighter D, who were the members of the fire fighter C belonging to the Southern Fire Station of Gwangju-gu, and moved to the E hospital.

During the above movement of the first-aid vehicle as above, the Defendant 414, as in the south-gu Seoul metropolitan area around 09:07, used the first-aid vehicle to take a bath to the members of the taxi transport business association adjacent to the taxi transport business association located in Gwangju metropolitan area, and assaulted the D’s speed level that occurs in the first-aid vehicle bed one time as a hand.

Accordingly, the defendant interfered with D's first aid activities by assaulting fire officers dispatched for first aid activities without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Application of Acts and subordinate statutes on violence photographs;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Fire Services of Fire-Fighting under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of imprisonment shall be suspended in light of the following: (a) the execution of the sentence shall be suspended; (b) the continuous treatment of alcohol dependence proof needs to be enforced; and Article 44-2 of the Medical Care, Custody, etc. Act (a person who has alcohol dependence and needs to be subject to continuous medical treatment; and (c) the risk of re-offending is relatively minor; (d) the recognition of the crime and reflects on the fact that the person is currently receiving medical treatment for alcohol dependence; and (e) the person needs to be subject to continuous medical treatment for alcohol dependence; and (e) the risk of recidivism

As such, medical treatment orders shall be imposed.