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(영문) 서울서부지방법원 2020.09.18 2020고단2267

소방기본법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No person shall obstruct the performance of fire extinguishment, lifesaving or first-aid services by means of violence or intimidation to fire fighters dispatched.

Nevertheless, around 20:23 on June 13, 2020, the Defendant: (a) on the first-aid vehicle located in the C Hospital emergency room located in Eunpyeong-gu Seoul Metropolitan Government, and (b) on the part of the first-aid worker E (Nam, 33 years old) belonging to the D119 Safety Center, who was reported by the Defendant 119 and transferred the Defendant to the hospital, was examined in the condition of the Defendant; (c) on the part of the victim E (Nam, 33 years old) of the first-aid worker E (Seoul) of the D119 Safety Center, the Defendant was at one time on the part of the victim's face; and (d) on the other, on the part of the

As a result, the Defendant assaulted fire fighters dispatched by receiving 119 reports without justifiable grounds to interfere with life rescue or first-aid activities of the fire fighters, and at the same time inflicted injury on the victim E, such as dynasium dynasty for about two weeks in need of medical treatment.

Summary of Evidence

1. The defendant's legal statement E, the statement of each police officer made to F, the report on the results of the dispatch of the fire-fighting activity obstruction incident at the Eunpyeong D Center and the investigation report (Submission of data related to fire-fighting activities) and the application of Acts and subordinate statutes to investigation reports (the analysis of

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (a point of interference with emergency medical services) of the same Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The record of being punished for a crime of the same kind of offense for the reason of sentencing (which refers to the code of practice to be treated with respect to the respect to the existence tendency and violence inclination of alcohol for the prevention of recidivism) under Article 62-2 of the Medical Treatment and Custody Act, Article 44-2 of the Medical Treatment and Custody, etc. Act, and it is not good that the record of being punished for a crime of the same kind of offense is used for violence against himself/herself

, however, the court shall admit a mistake.