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(영문) 창원지방법원 통영지원 2015.11.05 2015고단865
소방기본법위반등
Text

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

except that 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 a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.

On August 19, 2015, at around 06:15, the Defendant reported 119 to the victim E (the age of 28) who was an emergency medical service worker belonging to the C Apartment 108 201 dong 108 dong 201 at the time of drinking drinking, which is one’s own residence. The Defendant reported 119 to the victim E (the age of 28) who was an emergency medical service worker belonging to the C Apartment 119 Fire Station, who was dispatched to the site, on the part of the Defendant’s residence. In doing so, the Defendant divided the victim’s chest into the victim’s chest by hand and the parts of the neck 1,00 knife and twice.

As a result, the defendant interfered with emergency medical services of the fire fighter dispatched, and at the same time, he was in a hole for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 50 subparagraph 1 (c), Article 16 (2) of the Framework Act on Fire Services for the relevant Act on Criminal Facts (a point of interference with emergency medical services, etc. by fire fighters) and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account: (a) the Defendant’s age, character and conduct, environment, motive of crime, circumstances after crime, etc.; and (b) the sentence shall be determined as per the order.

A favorable circumstances: A favorable circumstances: A person who has no previous record of the same kind; a person who repents his/her wrong and reflects his/her wrong; the degree of injury of the victim is minor; and the person who is a basic living beneficiary is not good to his/her health: A person who interferes with emergency medical services and inflicts injury on the fire fighter dispatched;

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