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(영문) 춘천지방법원 2018.05.17 2018고단60
소방기본법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall obstruct fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched.

Nevertheless, on December 29, 2017, the Defendant assaulted C by verbal abuse, such as “Arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the Defendant interfered with the legitimate execution of fire fighting officers by assaulting C and E, and interfered with the emergency service activities of the fire fighter dispatched at the same time without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. Application of the trend report (including photographs) and liquid campaigns-related Acts and subordinate statutes to the members of an emergency rescue service, according to the violence incident committed by the members;

1. Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services (the point of obstructing activities of fire fighters) concerning facts constituting an offense under the relevant provisions of the Act, Article 136 (1) of each Criminal Act (the point of obstructing 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to be the attitude of the defendant who recognized his criminal act and reflects on his criminal act. In full view of all the circumstances, including the defendant’s age, sexual conduct, environment, motive and circumstance of the crime, result of the crime, etc., the punishment as ordered shall be determined in the Disposition.

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