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(영문) 대전지방법원 홍성지원 2020.04.27 2020고단7
소방기본법위반등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 22:50 on August 26, 2019, the Defendant, at the entrance of the B and 2nd floor of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, reported on 119 to the effect that “A person who is suffering from her hair at the head house,” “A person who is suffering from her hair at the head house,” and was called for emergency medical services for the Defendant, and assaulted twice the above D’s mouth by walking the local fire fighter, a fire fighting assistant affiliated with the fire fighting commander, who was performing emergency medical services for the Defendant.

Accordingly, the Defendant interfered with the fire fighters' emergency medical services without any justifiable reason, and at the same time interfered with the legitimate execution of duties of the fire fighters who are public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes governing video copies;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the relevant criminal facts, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 (Punishment for a violation of the Framework Act on Fire Services with heavy punishment) of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is acknowledged that the crime of this case on the grounds of sentencing of the provisional payment order prevents legitimate performance of official duties by assaulting fire fighters dispatched after receiving a report.

However, in light of the fact that the defendant recognized the crime of this case, the defendant has been subject to a minor fine not later than 20 years prior to punishment, there is no record of criminal punishment heavier than suspended execution, the fire fighter was not in the position of the defendant due to the crime of this case, the defendant deposited money for the damaged fire fighter, the defendant's age, character and conduct, the background of the crime of this case, and the circumstances after the crime, etc., all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.

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