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(영문) 창원지방법원 진주지원 2018.09.12 2018고단910

소방기본법위반

Text

A defendant shall be punished by imprisonment for six months.

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

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 without justifiable grounds.

around 22:00 on September 19, 2018, the Defendant: (a) received an emergency treatment from a fire officer C of the Jinju Fire Station 119 Safety Center affiliated with the fire officer of the Jinju Fire Station 119 Safety Center called out after receiving a report; and (b) was on the part of the E Hospital located in D at around 23:00 on the same day in front of the E Hospital located in Jinju-si, Jinju; and (c) was recommended by the above C to “Is to go to the Gin University Hospital as it is possible at the university hospital,” and “Is to go to the Gin University Hospital as Is to go to the G in the night.”

“C’s face was taken one time by the Defendant’s hand while sound was boomed to the first-aid crew members, and she took a bath.

Accordingly, the defendant assaulted fire fighters dispatched without any justifiable reason and interfered with the first-aid activities.

Summary of Evidence

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 (c) of Article 50 of the Framework Act on Fire-Fighting Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there was no previous conviction for the last six years and the fact that the case is not relatively heavy);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;