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(영문) 서울북부지방법원 2018.06.20 2017고단3877
소방기본법위반
Text

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

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

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.

On June 28, 2017, the Defendant was transferred to the emergency room of Seoul Central Medical Center located in Jung-gu Seoul Central Medical Center by the fire officers B, etc. of the Namyang Fire Station, the head of which was under the influence of alcohol in the front department of 3308, and called out after receiving a report from 119, the Defendant was transferred to the emergency room of Seoul Central Medical Center in 156.

At around 22:40 on the same day, the Defendant, at the entrance of the emergency room at around 22:40 on the same day, abandoned the above B, “Chewing sprinks, sprinks, and die.”

“Along with sound,” the head of “B was satisfyed one time by bad hand.”

Accordingly, the defendant, who was dispatched, interfered with the first-aid activities by assaulting the above B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 (c) of Article 50 of the Framework Act on the Selective Fire-Fighting (Selection of Imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be the same as the order, in consideration of the fact that the defendant has been punished several times due to violence, the age, sexual conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.

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