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(영문) 서울북부지방법원 2020.09.24 2020고단2599
소방기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 obstruct fire extinguishment, lifesaving, first-aid services, or other fire-fighting activities performed by any fire brigade dispatched without justifiable grounds.

Nevertheless, around 08:54 on May 2, 2020, the Defendant interfered with fire-fighting activities, such as lawful first-aid services, etc., of 119 first workers dispatched to the site after receiving a report of 119 that “Isskum base,” which is “Iskum base, beyond the stairs,” and called “Iskum base,” which is a first-aid worker belonging to C119 Safety Center, of the Defendant who measured the physical temperature of the Defendant injured by C119 safety center and deducted the physical temperature.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement E of the victim of D;

1. A written statement;

1. A written investigation report of a witness of G (to secure evidential data, such as CCTVs, who interfered with emergency medical services), - a movement order, - an emergency medical service log, - an injury diagnosis report;

1. Application of Acts and subordinate statutes in 1 copy of the storage media (CCTV video - USB);

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 defendant's responsibility is not weak due to the use of violence against an emergency medical service worker who intends to rescue himself/herself for the reason of sentencing under Article 62-2 of the Criminal Act.

In the meantime, the defendant has been punished for violent crimes.

However, considering the circumstances, such as the fact that the degree of violence is not relatively more severe, the fact that the defendant was in the state of being committed at the time, the fact that the defendant was in the state of being committed, the fact that the defendant committed a mistake against the defendant and the fire station found the fire station and transferred the intention of the fire station, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the defendant's age, living environment, family relationship, motive

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