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(영문) 수원지방법원 2019.01.10 2018고단6143
소방기본법위반
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.

Nevertheless, at around 04:10 on October 5, 2018, the Defendant: (a) reported the Defendant’s non-explosion of blood fire fighter C, a fire fighter, called the disaster command center at the front of Suwon-si, under the order of mobilization of the disaster command center at the disaster control center at the center; (b) d of the fire fighter C, a fire fighter, who was called out, reported the Defendant’s non-explosion of blood ties; (c) d of the Defendant’s cocop and the surrounding parts of the Defendant’s knife the Defendant’s knife and pressured the knife for dial blood; (d)

Accordingly, the defendant assaulted fire fighters dispatched to interfere with life rescue and emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The trend report;

1. Application of Acts and subordinate statutes governing photographs of victims;

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Circumstances unfavorable to the defendant for the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order: The past two times, including the past two times, which have been sentenced to a suspended sentence due to the same crime (the crime of violating the Punishment of Violences, etc. Act, the crime of damaging public goods, and the crime of violating the Punishment of Minor Offenses Act due to the disturbance of cancellation by the government office) are reoffending, although there are five times the past records punished due to violence-related crimes (the crime of violating the Punishment of Violences, etc. Act, the crime of damaging public goods, and the crime of violating the Punishment of Minor Offenses Act

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