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(영문) 인천지방법원 2018.08.17 2018고정1274
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 26, 2018, the Defendant was sentenced to one year of imprisonment with prison labor by assault, etc. at the Incheon District Court on July 19, 2018 and the judgment became final and conclusive on July 19, 2018.

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to the dystrophical brain death.

No person shall interfere with fire-fighting rescue or first-aid services by using violence or intimidation to fire-fighters during fire-fighting activities without justifiable grounds.

Nevertheless, on December 14, 2017, at around 12:07, the Defendant was dispatched to the Chinese house (D) located in Michuhol-gu Incheon Metropolitan City, and was reported to the effect that he was used as a meals, and was sent to the Defendant, and the Defendant was sent to the 119 first-aid service crew members to confirm active signs within the 119 first-aid vehicle transporting the Defendant to the hospital, such as “packer, dead,” “cacker, dead, sick, dead, sick,” and “the head of the 119 first-aid vehicle”, “the head of the 119 first-aid service staff members,” “the head of the 19 first-aid service staff members of the 119 first-aid service and the police officers of the 20-30 second-aid service staff members of the 19 second-aid service staff members of the 19 second-aid service staff members of the 19 second-aid service.”

As a result, the defendant committed an act of obstructing the first-aid activities by using violence or intimidation against the fire fighter dispatched without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to E and F;

1. G statements;

1. Reporting on the occurrence of a person who obstructs fire-fighting activities - internal investigation reports, - dispatch orders, control orders, emergency rescue operations status by emergency rescue and relief service, - emergency medical service activities;

1. A written diagnosis of injury;

1. Statement of opinion;

1. Investigation report (Submission of a record file at the time of assault against the emergency medical service crew member), investigation report (Submission of a victim's injury diagnosis report);

1. Previouss before ruling: Thenet case;

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