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(영문) 인천지방법원부천지원 2020.10.27 2020고단2117
상해등
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, at around 20:05 on May 20, 2020, the Defendant: (a) stated the victim D (the age of 38) who is an emergency medical service worker (the age of 38) who was sent to the C Hospital located in Seocheon-si B after being reported to 119 in the vicinity of Seocheon-si, Seocheon-si; and (b) expressed the victim's face at one time as drinking by the emergency medical service worker (the age of 38) without any particular reason while being sent to the C Hospital located in Seocheon-si.

As a result, the Defendant interfered with fire-fighting activities, such as life rescue and first aid of the fire brigade dispatched without any justifiable reason, and at the same time, the Defendant inflicted injury on the victim, who does not have any open two or more locations in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement of D, E, and F (Reference Witnesses) and evidence materials (ctv video information processing devices) statute to the police officers;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (a point of interference with fire-fighting activities);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance to the defendant, in light of the following: (a) the crime of this case was committed by assaulting an emergency medical service worker dispatched by the defendant to rescue the defendant, and at the same time obstructing fire-fighting activities; and (b) the defendant committed the crime of this case despite the record of punishment several times due to

However, the fact that the defendant recognized the crime of this case, the degree of injury of the victim is relatively minor, and the fact that there is no record of punishment for violent crime since 2006, etc. are considered as favorable to the defendant, and the age, environment, character and behavior of the defendant are considered as favorable to the defendant.

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