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(영문) 서울북부지방법원 2021.01.14 2020고단4021
소방기본법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Framework Act on Fire-Fighting shall interfere with fire-fighting activities, such as the extinguishment of fires, lifesaving, first-aid services, etc. dispatched without justifiable grounds;

Nevertheless, at around 18:02 on June 2, 2020, the Defendant had ‘the bones of galll and duness in front of the emergency room of the C Hospital located in Seongbuk-gu Seoul Metropolitan Government.

“In the process of checking the personal information and medical treatment of the Defendant in the process of confirming whether the fire station E, who was the first aid staff member of the Seongbuk Fire Station D, sent the Defendant to the scene after receiving a report of 119, sent the Defendant to the emergency department of the above C hospital, and obstructed the Defendant’s 119 first aid and other fire-fighting activities, such as lawful first aid by having the Defendant’s left hand.”

2. On July 3, 2020, the Defendant interfered with the performance of official duties has a patient who has used violence at the front of Seongbuk-gu Seoul, Seoul.

"A hospital shall be opened by means of public transportation, unless an emergency patient is" from the slope H affiliated with the G department of the Seoul Metropolitan Class G police station, which was dispatched to the scene after being reported 112 of the 119 emergency squad.

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Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A report on investigation (with respect to the submission of vehicle booms), a screen by cutting a black boom, a CD;

1. Application of the Acts and subordinate statutes governing first CCTV video CDs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on the Fire-Fighting of Selection of Punishment (the point of obstructing emergency and fire-fighting activities), Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;

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