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(영문) 서울북부지방법원 2020.10.14 2020고단2593
소방기본법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with fire extinguishment, lifesaving, first aid, etc. of a fire brigade dispatched without any justifiable reasons.

Nevertheless, at around 23:51 on March 20, 2020, the Defendant tried to assault E out of the damaged main door of the fire fighting company, and to use it to commit violence and first-aid services at the site, such as damage to the fire fighter, who is a fire fighter belonging to D, who was dispatched to the site after receiving a report of 119, on the main point of C located in the underground floor of the building B in Jung-gu Seoul Metropolitan Government, and confirmed the Defendant’s condition of the fire fighter, who is a first-aid worker belonging to D, who was dispatched to the site after receiving a report of 119:0, and thereby interfered with the legitimate conclusion of the first-aid services who called out to the site by using the first-aid services, such as damage to the fire fighter, who was called out of the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written statement statement statement to E to the police camp and cell phone image CD-related Acts and subordinate statutes;

1. Relevant Article of the relevant Act and Articles 50 subparagraph 1 and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the probation and order to attend a lecture or the order to attend a lecture, is that the nature of the crime is not good in light of the attitude of the crime, etc., the confession and the attitude of the defendant to reflect on the crime, and other circumstances shown in the arguments, such as the defendant's age, character and behavior, the situation before and after the crime, and the motive of the crime, etc., shall be determined as ordered by the order.

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