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(영문) 수원지방법원 2017.12.21 2017고단5913

소방기본법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 29, 2017, the Defendant had patients, in front of the National Agricultural Cooperatives of 406-3, in the course of integrativeization at the time of integrativeization at around 20:18.

” 는 피고인의 119 신고를 받고 펌뷸런스로 출동한 화성 소방서 소속 소방위 B에게 “ 왜 구급차가 오지 않고 소방차가 왔느냐.

B, while playing in the workplace and taking a bath, with a period of time for first-aid services from Ansan to Ansan as there is no ambulances in the jurisdiction.

“A defect to be explained and to verify the condition of the patient,” to B

Bags, flags shall be thrown well.

“Around six times while taking a bath, etc., he was pushed down the shoulder, etc. of B and the chest part, etc. of the chest.

Accordingly, the defendant assaulted B who is a public official, thereby obstructing the legitimate execution of fire fighting officers' duties, and at the same time interfered with the emergency service activities of fire fighters.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

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

1. A explanatory note B;

1. Details of mobilization orders, reports on emergency situations, and confirmation of neighboring CCTV;

1. A criminal investigation report (CCTV and a record file confirmation report);

1. The Defendant, including CCTV and audio-recording files, expressed that he was obscened in the course of defense against a imprupted fire-fighting crew member and was fluent, but did not assault a fire-fighting crew member once. However, according to the evidence duly admitted, the charges can not be accepted.

Application of Statutes

1. Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on the Fire Services of the relevant Act on criminal facts and Article 136 (1) of the Criminal Act (Interference with the performance of official duties);

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

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to the defendant: Crimes that interfere with emergency rescue activities of fire-fighters dispatched by verbal abuse and violence are deemed to be poor;

. against mistake.