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(영문) 제주지방법원 2017.04.21 2016고단2860
소방기본법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 29, 2016, the Defendant violated the Framework Act on Fire Services: (a) around 00:10, the Defendant called the “D 119 Center fire officers E of the Jeju Fire Station,” who called the Defendant upon the police’s cooperation, and went to drinking.

Accordingly, the defendant interfered with the emergency service activities of the fire fighter dispatched.

2. The Defendant interfered with the performance of official duties, at the time, and at the place specified in paragraph 1, threatened the police officers belonging to the F District Group of the Seocho-gu Police Station F District, Seo-gu, Seoul, which prevented him from drinking to E, with a view to drinking. In the police vehicle that is continuously arrested and escorted in the act of committing an act of committing an act of committing an offense, the Defendant committed assault, such as “Crhee h. h.”, and assaulted the G’s face once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes prepared by E;

1. Relevant legal provisions concerning criminal facts, Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire-Fighting (the violation of the Framework Act on Fire-Fighting) concerning the selection of punishment, Article 136 (1) of the Criminal Act (the violation of the Framework Act on Fire-Fighting), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as follows in consideration of the following circumstances.

The favorable circumstances: The facts of crime are recognized and against the disadvantage of the defendant: The facts that the fire officers, etc. who called for themselves in the state of being under the influence of alcohol have been punished by a fine due to an act of obstructing the performance of the same kind of official duties, etc.; other circumstances after the crime, age of the defendant, family relationship, environment;

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