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(영문) 수원지방법원 2017.08.17 2017고단3388

소방기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 to the scene without justifiable grounds.

However, the defendant written indictment on May 8, 2017, stating "01:26 :00 :00 :00 :00 :00 :06 :00 :00 :06 :00

However, according to evidence, since it is obvious that it is "07:26 Gyeong," and there is no risk of actual disadvantage in the exercise of the defendant's right to defense, it shall be corrected and recognized without

In Suwon-si C restaurant in Suwon-si C, after receiving a report of first-aid service that the main sprinks were deadly and the main sprinks were sent to the scene, and the fire station D belonging to the Suwon Fire Station, which was treated in an emergency on the floor, sent to the defendant who was under the influence of the main sprinking, was able to take one time in his hand for the reason that it was difficult for the defendant to wear the police sprinks, and that the sprinks of the fire station, which was called once a drinking.

Accordingly, the defendant assaulted fire fighters dispatched to the site without justifiable reasons and interfered with the first-aid activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Trends report- Assault cases against ambulances members;

1. Application of Acts and subordinate statutes governing the place of emergency medical services activities;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of the punishment of the provisional payment order is not that of obstructing emergency medical service activities by assaulting fire fighters who called to the site by the drunk defendant and do emergency medical service activities against the defendant.

However, contingent crimes are relatively heavy and the extent of assault is not severe, and the defendant has no criminal record.