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(영문) 서울중앙지방법원 2018.11.01 2018고정2191
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a patient who requested the dispatch of an emergency medical service from the Gangnam Police Station-type department, and the victim B is a fire officer who works as an emergency medical service member belonging to the Gangnam Fire Station.

No person shall interfere with fire-fighting activities, such as the extinguishment of fires, lifesaving, first-aid services, etc., dispatched by a fire brigade without justifiable grounds.

Nevertheless, at around July 26, 2018, the Defendant: (a) sent to the victim who reported that the Defendant was deadly injured by a death in the Gangnam Police Station, Gangnam-nam Police Station type, “I am to the right frame of the victim anywhere anywhere? I am to the right frame of the victim due to a bad desire.”

Accordingly, the defendant interfered with life-saving and first-aid activities without justifiable reasons by assaulting the 119 first-aid crew members.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. Investigation report (Analysis of CCTV images at the Gangnam Police Station);

1. Application of Acts and subordinate statutes reporting the occurrence of a incident interfering with 119 metropolitan investigation teams fire-fighting activities;

1. Article 50 of the relevant Act on criminal facts and subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Selective Fire-Fighting of Punishment (Selection of Penalty)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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