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(영문) 서울남부지방법원 2020.05.27 2020고단949

소방기본법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 14, 2019, at around 17:52, the Defendant obstructed the dispatch of fire engines, such as that C fire engines called up to the hospital near Yeongdeungpo-gu Seoul, stop in the signal signal, leaving the windows of the fire engines attached to the direction of the fire engines, trying to open the front door of the fire engines forcedly, and the fire fighter dispatched from the fire fighter who tried to open the front door of the fire engines, and failing to turn on the way for more than three minutes until they are arrested by the police officer called up.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of investigation reports (the analysis of CCTV images) and caps-fagic Acts and subordinate statutes;

1. Relevant Article of the relevant Act and Articles 50 subparagraph 2 and 21 (1) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is 119 in cases where the citizen’s life and body are missing, and the place where the first aid is complained of is 119 in cases where it is possible to cause an emergency danger to the citizen in cases of interfering with the dispatch of fire engines in urgent situations where it is disputed.

At the time, the patient was 96 years of age who had already been suspected of influence during the dispatch, and there was a time limit that it is difficult to accept that the patient was fluent in light of traffic conditions, etc.

Even if the defendant's act causes danger to the life and body of citizens, it cannot be denied that the degree of interference act is light in light of the shape of the interference act, the duration of the interference act, the circumstances before and after the crime, and the fact that other fire engines are dispatched to the scene instead of fire engines.

All the records, such as the defendant's age, character and conduct, environment, and motive and circumstance of the crime of this case, are shown in the above circumstances, that the defendant seems to have a confession and reflective attitude, that there is no record of criminal punishment.