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(영문) 서울중앙지방법원 2020.05.06 2019고단8781

소방기본법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall obstruct fire-fighting activities, such as fire extinguishment, lifesaving or first-aid services, conducted by any fire brigade dispatched without any justifiable reasons.

The Defendant, around 01:05 on November 9, 2019, around Gangnam-gu Seoul, and around 01:05, “A woman who was frightened in front of the Defendant” was called up with a report of neighboring residents, and the first responder of the Gangnam Fire Station, who was called up with a report of neighboring residents, sent to the victim himself while the victim C was faced with the victim, who was a first responder to the patient’s condition and was faced with the victim’s head. However, the victim was faced with the victim’s head.

Accordingly, the defendant committed violence to fire fighters, thereby obstructing the victim's emergency medical services.

Summary of Evidence

1. C’s legal statement;

1. Legal statement of witness D;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Statement of the police statement regarding C;

1. A written statement of C and D;

1. Investigation report (related to statement of a victim);

1. Notification of a department related to reporting 112 cases;

1. Report on the occurrence of a incident interfering with fire-fighting activities of a 119-wide investigator - Report on the results of the dispatch of the incident involving the obstruction of fire-fighting activities at the Gangnam-dong Center;

1. Emergency exit officers;

1. Place of activities;

1. Investigation report (the first and first wabus campaign image analysis) - glars photographs;

1. Copies of each identification card;

1. Application of the Acts and subordinate statutes governing wabbb campaigns and video CDs;

1. Relevant Article of the Act on Criminal Facts and Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (Selection of Fine) of the same Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime is not good in that it obstructs fire service activities, such as lifesaving, by assaulting fire officers.

However, the extent of the assault of this case is minor, the fact that the defendant seems to have committed the crime of this case by drinking and contingent, and the first offender, etc. shall be considered as favorable circumstances.

These circumstances and others.