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(영문) 수원지방법원 평택지원 2015.12.18 2015고단1736
소방기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant was sentenced to five years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Daejeon High Court, and completed the execution of the said sentence on January 9, 2015.

No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.

Nevertheless, at around 00:40 on November 14, 2015, the Defendant assaulted once on the left face of the said fire brigade on the ground of the defect that D, a fire brigade, which was called upon reporting 119 to the effect that “any person drinks alcohol,” caused the Defendant, and that he tried to bring about it, and without any justifiable reason, committed an assault on the left face of the said fire brigade.

Accordingly, the defendant assaulted fire fighters dispatched to interfere with life rescue and emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Photographs of damaged part of the victim;

1. Previous records: Application of the Acts and subordinate statutes on inquiry records such as criminal records, etc. and personal identification and confinement status;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the relevant Act on Criminal Facts;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the defendant recognized the facts charged in this case and reflects his mistake, and commits any contingent crime under the influence of alcohol, etc., which are favorable to the defendant. However, the crime of this case is not good, since the fire fighter dispatched after receiving a report 119 and obstructed emergency medical services by assaulting the fire fighter dispatched, and the crime of this case has been punished several times, and the defendant committed the crime of this case during the period of repeated offense as indicated in the judgment, and the crime of this case does not have any tolerance from the victim, it is reasonable to

Other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as per the disposition.

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