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(영문) 의정부지방법원 2021.03.29 2020고단5048

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

On April 27, 2020, the Defendant had been forced to board the fire station D Safety Center affiliated with the fire station of the government fire station, who is a public official of the fire station affiliated with the fire station of the government ( South, 29 years old) who was called out after receiving a report on April 12:06, 200, for the purpose of ascertaining the status of the Defendant, who is the person in charge of this demand, the Defendant was removed from E, and then was removed from E, and was pushed with E’s body by hand at one time at the left end of E, with the upper end.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of victim to E;

1. Investigation report (verification of the place of emergency medical services activities);

1. CCTV CDs (the defense counsel was in a state of mental and physical weakness at the time of the instant case, such as the Defendant was hospitalized due to a bipolar disorder;

The argument is asserted.

In light of various circumstances, such as the background, means and method of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

As such, the above argument is rejected.

Application of Statutes

1. Article 50 of the relevant Act on criminal facts and subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Selective Fire-Fighting of Punishment (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order consists of a fire officer who protects the lives and bodies of the people through rescue operations and emergency medical services in an emergency.

When the fire fighters the fire fighters from the fire fighters, the defendant interfered with the first-aid activities by taking the fire fighters into force, and the defendant's responsibility is not less complicated.

However, although the defendant did not reach the state of mental and physical weakness, he suffers from the mental illness of the Gyeongdo.