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(영문) 대구지방법원 2016.04.21 2016고단408

소방기본법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall interfere with fire-fighting activities of fire officers, such as the extinguishment of fire, lifesaving and first-aid services, without justifiable grounds.

Nevertheless, on November 4, 2015, at the Daegu Dong-gu, Daegu-gu, Daegu-gu, about 21:05, the Defendant reported to the 119 fire-fighting private persons belonging to the D Emergency Service Center of the Daegu-dong fire department (27 years old) affiliated with the fire-fighting victim E (27 years old) called the victim's head at one time while receiving treatment for the defendant's head's head's treatment, and "n'e the victim's head should be added."

Emergency treatment is not necessary, and the victim, who is a fire-fighting official, interfered with the legitimate rescue and first aid activities of the victim, and at the same time, the victim was injured by approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the circumstances of emergency medical services and a place of each emergency medical services;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Fire Services and Fire Services of the relevant Act on criminal facts (the point of obstructing emergency medical services activities) and Article 257 (1) of the Criminal Act (the point of injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is deemed to have been committed by a fire official in first-aid service under the influence of alcohol, and the nature of the crime is not less than that of the crime. However, the defendant, who led to the confession of the crime of this case, reflects his mistake, deposits KRW 2,00,000 for the victim, and other circumstances that form the condition for sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, and circumstances after the crime, shall be determined as ordered