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(영문) 인천지방법원 2021.01.14 2020고단7724

소방기본법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On June 25, 2020, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with labor for a violation of the Framework Act on Fire Services at the Incheon District Court, and the judgment became final and conclusive on July 3, 2020.

[Criminal facts] No person shall interfere with fire extinguishment, lifesaving, or first-aid services by using violence or intimidation against fire officers dispatched without justifiable grounds, and shall interfere with the 119 first-aid rescue and emergency medical services.

On August 2, 2020, the Defendant: (a) received a joint response request on the street before the Seo-gu Incheon Babel to the effect that “the head of the household is going to the front of the her mother, and needs to be treated as being in need of medical treatment”; (b) the fire brigade members called the 119 first class members, and the fire brigade D, etc. belonging to the Seobu Fire Station C Safety Center, which was the 119 first class members, attempted to send the Defendant to the hospital; (c) however, the police officers and fire fighters dispatched to the scene, who were called to the scene, were able to call the Defendant at the hospital, and were able to call the back of the driver’s auxiliary seat of the C Safety Center first class (E).

Accordingly, the defendant interfered with emergency medical services by using violence to fire fighters dispatched without justifiable reasons, and at the same time interfered with 119 emergency medical services and rescue operations of the 119 emergency medical services.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Investigation report (Analysis of images of cases that interfere with fire-fighting activities);

1. A copy of the order of mobilization, a log for emergency medical services, and a photograph of evidence (a photograph of the said image);

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, investigation reports (verification during the period of suspension of execution), and application of a copy of a judgment attached thereto;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Fire Services of the relevant Act on criminal facts (the point of obstructing activities of fire fighters), Article 28 and Article 13 (2) (the point of obstructing activities of fire fighters for first-aid services) of the Act on 119 Rescue and Emergency Medical Services (the point of obstructing activities of 119 first-aid services);

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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