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(영문) 춘천지방법원 2016.06.17 2016고단300

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 February 20, 2016, the Defendant was under the influence of alcohol on the front of the D, which was located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and was under the influence of alcohol and received emergency measures due to the head, etc., and was on board the first-aid vehicle for the purpose of sending back to the hospital, and was assaulted by the Defendant at once by drinking the F face of the fire officer E belonging to the Hongcheon Fire Station, Hongcheon-gun Fire Station.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the transportation of fire officers to emergency patients.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F, G, and H;

1. Relevant Article 50 of the Act on Criminal Facts, Articles 50 (1) (c) and 16 (2) of the Framework Act on Fire-Fighting for the Selection of Punishment, and Selection of Fines;

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

1. The punishment of Article 334 (1) of the Criminal Procedure Act with respect to the provisional payment order is deemed to be minor in the degree of assault committed by the defendant against fire officials;

It is difficult to see that the legal interests of the instant crime, such as the need for the protection of performance of official duties, are smaller than the personal circumstances of the Defendant.

The fact that it cannot be seen is an element of sentencing unfavorable to the defendant.

On the other hand, the fact that the defendant seems to be against the defendant's wrong recognition, the defendant seems to have committed the crime of this case by contingency under the influence of alcohol at the time, and there are circumstances to consider in the process of the crime, and the fact that the defendant is the first offender who has no criminal history, etc. are factors to sentencing favorable to the defendant

In addition, in full view of all the circumstances that are conditions for sentencing as shown in the pleadings of this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment as shown in the text shall be determined.