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(영문) 서울북부지방법원 2021.02.03 2020고단4829
소방기본법위반
Text

A defendant shall be punished by imprisonment for one year.

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

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

Nevertheless, at around 12:20 on October 1, 2020, the Defendant discovered the Defendant’s fire-fighting unit members belonging to the Seoul Eastern Fire Station C119 Safety Center, which was called upon 119 reports, and the Defendant d, E, and F, who was under the influence of alcohol, and was seated on the Defendant’s body, and her members of the said fire-fighting unit with the desire to read “as they are considered to be subject to the principle of no taxation and the principle of no taxation and the principle of no taxation,” while entering one’s own shop, and thereby threatening the above fire-fighting unit members with the food blade (the total length of 39cm, the blade length of 26cc) and the above fire-fighting unit members.

Accordingly, the defendant threatened fire fighters, thereby hindering life-saving or first-aid activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigative reports (Submission of data related to fire-fighting activities), emergency medical services mobilization orders, logs of first-aid services activities, investigation reports, closures and photographs;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Although it is not good in that the defendant threatened fire fighters who are engaged in first-aid activities with dangerous articles for one's own reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act, it seems that the disease of the defendant, such as alcohol poisoning and depression, was the cause of the crime of this case. The defendant is trying for medical treatment and settlement, such as being hospitalized, and there is no record of crime exceeding the fine.

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