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(영문) 서울북부지방법원 2019.11.27 2019고단3189
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

(2) No person shall obstruct the performance of fire extinguishment, lifesaving or first-aid services by exercising violence or intimidation against a fire fighter dispatched without justifiable grounds.

Nevertheless, around 19:07 on June 2, 2019, the Defendant assaulted E at the Emergency Disease Classification Office of “C Hospital” located in Dobong-gu Seoul Metropolitan Government, such as the defect in the status of E, who is an emergency medical service worker affiliated with D of Dobong Fire Station D, without any reason, when the left-hand face part of E on the upper-hand hand floor without any reason.

Accordingly, the defendant assaulted fire fighters dispatched without justifiable reasons and interfered with emergency medical services.

[2019 Highest 3472] No person shall interfere with rescue, transfer, first-aid or medical treatment of an emergency patient by emergency medical personnel by means of assault, intimidation, deceptive scheme, threat of force or other means.

Nevertheless, at around 19:08 on June 2, 2019, the Defendant assaulted the victim's face face by her lavous hand from the victim F who was transferred to an emergency patient through the 119 rescue unit and received medical treatment from the victim F, a doctor, at the entrance of the C Hospital emergency room in Dobong-gu Seoul Metropolitan Government.

As a result, the defendant interfered with the medical treatment of emergency medical personnel for emergency patients.

Summary of Evidence

[2019 Highest 3189]

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. CCTV CDs (2019 Highest 3472);

1. Defendant's legal statement;

1. A written statement;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant statutory provisions concerning facts constituting a crime, and Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services on the Selection of Punishment (Infence of Fire fighters), Articles 60 (2) 1 and 12 of the Emergency Medical Services Act, and choice of imprisonment, respectively;

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

1. Violence shall be committed against fire officers and emergency medical personnel whose reason for sentencing under Article 62(1) of the Criminal Act is to be particularly protected.

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