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(영문) 대구지방법원 2017.09.28 2017고단4152
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 without justifiable grounds.

Nevertheless, on June 24, 2017, at around 00:07, the Defendant took an attitude of 502, the fire fighter C (25 tax), a fire fighter, a fire fighter of the 119 Safety Center (25 tax), who was dispatched by the Defendant after receiving a report that he/she is faced with face at around the 502 knife-ro 4, the 43rd Chyeong-ro, the 03rd-ro, the 43rd-ro, the 103rd-ro, the 103rd-ro, the Defendant was able to take an emergency treatment on the face of the Defendant, who was called.

Accordingly, the defendant interfered with the first-aid activities by assaulting the fire fighter dispatched without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes governing mobilization orders and emergency medical services activities;

1. Relevant legal provisions concerning criminal facts, Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire-Fighting of the Selection of Punishment, and the selection of fines (see, e.g., Supreme Court Decision 2009Da14489, Apr. 2, 2009).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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