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(영문) 대전지방법원 논산지원 2019.05.21 2018고단661
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

At around 21:00 on October 30, 2018, the Defendant expressed that he was called 119 reported on the roads near the Seosan-si B, Seosan-si, the fire fighting unit D affiliated with C “C, Mason Mason Mason Madern Madern Madern Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon

Accordingly, the defendant interfered with emergency medical services by assaulting the fire fighter dispatched.

[Defendant and defense counsel argued to the effect that the defendant did not assault as stated in the facts charged, and that the defendant interfered with emergency medical services at the time of the instant case without any awareness that the defendant's act interfered with emergency medical services, and that the defendant's act did not interfered with the emergency medical services. However, according to the video taken at the time of the instant case, E's testimony, statement at D's investigative agency's statement, injury diagnosis report, etc., the defendant's assault was acknowledged. ② According to the defendant's speech and behavior at the time of the instant case, the defendant sufficiently recognizes the fact that the other party was a fire official dispatched to his own report, so it is acknowledged that the defendant's willful negligence was interfered with emergency medical services. ③ The elements of the instant case are abstract danger that the defendant interfered with emergency medical services by assault or intimidation, and according to the above evidence, the defendant's emergency rescue activities against the fire officer were judged to have been practically interfered with by the defendant's act

1. Legal statement of E;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing cinematographic USB;

1. Relevant Article on criminal facts and subparagraph 1 (c) of Article 50 and Article 16 (2) of the Framework Act on Fire Services chosen to commit a crime;

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

1. Probation;

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