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(영문) 서울북부지방법원 2020.08.27 2020고단1741
소방기본법위반
Text

A defendant shall be punished by imprisonment for 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, the Defendant, at around 06:43 on March 8, 2020, moved the fire fighters of the Seodaemun Fire Center B, who called upon receiving a report of 119 on the same day, in order to move the Defendant, who complained of the difficulty in respiratory and breast-founded forests to the hospital, with the first-aid vehicle, carried the first-aid vehicle in the vicinity of Dongdaemun-gu Seoul, without any justifiable reason, in order to move the Defendant to the hospital, and broken it by hand, and after the first-aid vehicle was continuously set off at the fire fighters E (30 years of age) after the first-aid vehicle, pushed the fire fighters into the right chest part of the first-aid worker on his shoulder.

Accordingly, the defendant assaulted fire fighters dispatched to interfere with life-saving or emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police officer concerning E;

1. A report on investigation (the analysis of images related to the case) and photographics and destruction of medicine by capturing the images attached thereto;

1. A dispatch order and an emergency medical service worker;

1. Application of the CD 1 statute

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act for Article 62(1) of the Criminal Act is that the crime of this case was committed with violence to first aid workers protecting the lives and bodies of the people, and the nature of the crime is not good.

However, the fact that the defendant recognized the crime and reflects the wrongness, the defendant is the first offender who has no criminal punishment record, and the defendant's age, occupation, character and conduct, environment, health conditions, circumstances before and after the crime, and other various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by taking into account the following factors.

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