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(영문) 청주지방법원 영동지원 2019.09.26 2019고단99

소방기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall obstruct the performance of fire extinguishment, lifesaving or first-aid services by exercising violence or intimidation to fire fighter dispatched without justifiable grounds.

Nevertheless, on July 15, 2019, the Defendant reported that there was a patient suffering from a symptoms of respiratory disorder, around 21:49, and sent a call to the head of the local fire fighting unit belonging to the same local fire fighting unit B and the local fire fighting unit C, such as the head of the local fire fighting unit belonging to the same local fire fighting unit B, took a bath without any justifiable reason while moving through the ambulances, and took a part of the inside part of B once.

Accordingly, the Defendant interfered with emergency medical services by assaulting fire fighters dispatched without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement B, C, and D;

1. Dispatcher order and emergency medical services log;

1. Application of Acts and subordinate statutes to capture CCTV images inside the ambulances;

1. Relevant provisions of the Framework Act on Fire Services and Articles 50 subparagraph 1 (c) and 16 (2) of the same Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed with respect to fire fighters protecting the lives, bodies and property of the people, taking into account the disadvantageous circumstances unfavorable to the nature of the crime. The defendant recognized the crime of this case, taking into account the favorable circumstances that the defendant has no record of criminal punishment, and taking into account the circumstances favorable to the defendant's age and reputation, character and behavior, health status, environment and family relationship, and all the factors of sentencing as shown in the trial of this case, such as the defendant's age, reputation, health status, circumstances after the crime