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(영문) 수원지방법원 평택지원 2015.01.29 2014고단1918
소방기본법위반등
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 the performance of fire extinguishment, lifesaving or first-aid services by using violence or intimidation to fire fighters dispatched for fire extinguishment, lifesaving or first-aid services, etc. without justifiable grounds.

Nevertheless, at around 22:30 on November 27, 2014, the Defendant called the scene to rescue the Defendant used on the road under the influence of alcohol in Pyeongtaek-si B, and took a bath to the victim E of the fire brigade affiliated with the Fire Fighting Team D 119 Safety Center, who carried out emergency medical services, without any justifiable reason, “Isson’s error, spacife, spacife,” and at the same time interfered with the fire fighter’s emergency medical services, and at the same time, the Defendant inflicted injury on the victim, such as the 14-day salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the relevant Act on the Crime (a violation by a fire fighter to obstruct emergency medical services) and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order used violence against fire fighters who called out to rescue themselves without any particular reason, and there is a need for punishment corresponding to the liability for such crime because they were also injured.

However, taking into account the fact that the defendant's wrong and reflects, there is no obstruction of performance of official duties or force of violence, the victim seems to have been punished, and the fact that the victim seems to have endeavored to deposit for the recovery of damage (the victim's intention seems to have failed to comply with it) and so on, probation and community service order, such as the order.

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