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(영문) 의정부지방법원 2016.06.29 2016고단214
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 January 6, 2015, at around 23:15, the Defendant: (a) around the D convenience point located at the entrance of the C apartment site at the Namyang-si, Namyang-gu, the Seoul-gu Fire Station called up for emergency treatment of the Defendant, and (b) the first-aid staff belonging to the 119 Safety Center, who was called up for the emergency treatment of the Defendant, and (c) “I am febbb, I am feb, I am back to the victim, and I am feb, when I am feb, I am together with the victim.”

Accordingly, the defendant committed violence to the fire fighters, interfered with first aid activities, and interfered with the legitimate execution of duties of public officials.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police for E;

1. F argues that the F’s photograph taken by the victim E’s assault, the first-aid vehicle boome photograph and the CD ( CD) at the time of the occurrence of this case (the Defendant was under the influence of alcohol and was in a mental and physical state at the time of the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 50 subparagraph 1 (c) of the Framework Act on Fire Fighting (the point of obstructing the activities of fire fighters) concerning criminal facts;

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

1. Selection of a fine for negligence;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of assaulting a fire-fighting official who treats himself beyond the influence of alcohol, thereby obstructing his emergency medical services, etc., and the criminal liability is not weak.

However, the defendant's mistake is recognized.

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