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(영문) 서울서부지방법원 2019.10.24 2019고단2513
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 one shall interfere with emergency medical services, etc. by using violence or intimidation to fire fighters dispatched without justifiable grounds, and even if he/she does not interfere with the dispatch of a fire engine, the defendant, around June 9, 2019, at around 01:25, expressed that the fire fighters in Yongsan-gu, Seoul and the first-aid vehicle departing from the front of the C 119 Safety Center (hereinafter referred to as the “C 119 Safety Center”) in Yongsan-gu, and expressed that the fire fighters “W Makin Makin Makin Makin Makin,” and expressed that “the victim’s bridge is taken once more, once the victim’s bridge was fatd, once the victim’s part was fatd, and the victim’s part was fatd with emergency medical services, etc. and interfered with the victim’s dispatch of the ambulances.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Written statements of D, F and G;

1. A copy of the public official identification card, a certificate of injury diagnosis, a certificate of loyalty and emergency medical services;

1. Image images of the case-related closures;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 50 and 50 subparagraph 2 of the Framework Act on Fire Services, Articles 21 (1) and 50 subparagraph 1 (c) of the same Act concerning criminal facts and the selection of punishment for a fire engine;

Title, Article 16(2) (the point of obstructing emergency medical services) and each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the one hand, it appears that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that there is no record of punishment for the crime of previous violence, and the fact that the crime is not good, such as exercising physical power and obstructing the dispatch of ambulances by fire officials performing emergency medical services. On the other hand, the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime, etc.

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