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(영문) 대구지방법원 2019.03.12 2018고단6041

소방기본법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On May 4, 2018, the Defendant was sentenced to seven months of imprisonment with prison labor for assault, etc. at the Daegu District Court on July 11, 2018 and completed the enforcement of the sentence at the Daegu Detention House.

[Criminal Facts] No act of obstructing fire extinguishment, lifesaving or first-aid services by means of violence or intimidation shall be committed against fire fighter dispatched.

Nevertheless, on November 7, 2018, the Defendant, at the front river of the Sinsan City, reported on November 7, 2018, sent out after being reported to 119, sent out by the Defendant, by E, an emergency medical service worker, who was on board an emergency vehicle and was transferred to an emergency room at the G hospital located in the Sinsan City F, while taking a bath.

Accordingly, the defendant assaulted fire fighters dispatched to interfere with life-saving or emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Report on emergency medical services log and emergency situations;

1. Video storage CDs;

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes to criminal and investigation records inquiry and investigation reports (precluding and ascertaining repeated crimes of suspects);

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. The sentencing of Article 35 of the Criminal Act among repeated offenders is based on the following circumstances: (a) the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime; and (c) the conditions of various sentencing as shown in the argument of the instant case.

D. Unfavorable circumstances: The crime committed by the defendant who assaults a fire fighter on life shall be less severe than the nature of the crime in light of the circumstances and details of the crime.

The Defendant committed the instant crime even during the same repeated term, and has already been punished by a fine for the crime of interference with business during the repeated crime period.

There are many criminal records for the defendant.

The defendant shall make a confession.