소방기본법위반
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.
Nevertheless, at around 21:40 on December 24, 2019, the Defendant expressed a bath to fire brigade D, which is a fire brigade, in the vicinity of the Cridge center located in Seo-gu Incheon, and received a fire report at a parking lot in Seo-gu, Seo-gu, Incheon, for the purpose of drinking, and without any particular reason, the fire brigade E dispatched along with the fire brigade cause E prevents the Defendant, and the fire brigade cause E called “I see theme, see, see, sing, and sark,” and sees E’s fat.
Accordingly, the defendant interfered with fire extinguishing activities by using violence to fire fighters.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports ( analysis of images of cases interfering with fire-fighting activities);
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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for sentencing): The instant crime is deemed to have been committed by the Defendant, while under the influence of alcohol, by driving the vision to fire fighters in the process of extinguishing fire, and by using violence, the nature of the crime is not good;
A favorable circumstances: The defendant recognizes a crime.
There is no record of being punished for the same crime or exceeding the fine.
The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.