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(영문) 창원지방법원 2017.06.23 2017고단881
소방기본법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:45 on November 17, 2016, the Defendant took an emergency measure against the Defendant, such as the victim F (25 years) of the fire station E119 fire officers at the Dong-dong Fire Station E119, who was dispatched to the scene after receiving the 119 first aid report, and transferred the Defendant to the emergency room. However, the Defendant took a bath, such as b, cryp, cryp, ring, and waste, on the ground that the Defendant, upon refusing hospital treatment, recommended the Defendant to receive medical treatment. In addition, one of the Defendant’s daily activities, caused the Defendant to go beyond the Defendant, hump the victim’s back, hump, pump, pump and bath, and hump the victim’s blaf.

As a result, the Defendant interfered with legitimate performance of duties on life-saving and first-aid services of the victim, who is a public official, and at the same time, inflicted an injury on the victim, such as catum cats requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Whether a defense counsel has a mental and physical disorder under Article 62-2 of the Criminal Act for the observation of protection (negative) asserts the application of Article 10(2) and Article 10(1) of the Criminal Act, so it may be acknowledged that the defendant had a career of receiving a diagnosis of a bipolartic disorder, etc. However, there was a defect in the water change or decision-making ability at the time of committing the crime.

Since it is not determined, the defense counsel's assertion is not accepted.

On November 17, 2016, at the first parking lot of the D Hospital in Kimhae-si, Kimhae-si, the defendant is the defendant's two persons, such as Kimhae-dong Fire Station E19 Safety Center Fire Officers F, etc., dispatched to the scene after receiving an emergency report on 119 medical services.

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